Chris Olive’s diverse transactional and regulatory experience enables him to effectively represent clients on creating, structuring and negotiating different types of complex, bespoke and customized facilities and transactions. He concentrates his practice on credit facilities and loans, structured financings, swaps and derivatives, financial products and commodity-related transactions, and related regulatory matters.
Chris represents clients as agents, lenders, loan participants and borrowers on credit facilities and loan transactions such as working capital, acquisition and development revolving and term loan facilities, acquisition, asset-based and energy and non-energy commodity-related loan transactions, real estate acquisition and construction loan transactions, securities inventory financings, margin loan transactions, securities lending transactions and loan participation facilities involving the above referenced types of loans. Chris also represents clients as purchasers, sellers, issuers, servicers and custodians on structured financings and asset-backed financings such as mortgage loan, insurance premium finance loan and auto loan and receivables purchase, sale and servicing facilities, asset securitization facilities, asset-backed loan facilities, loan warehouse facilities, master repurchase and reverse repurchase facilities and transactions, loan portfolio and servicing rights purchase and sale transactions, and purchases and sales of interests of whole mortgage loans and mortgage-backed securities, insurance premium finance loans, and other financial assets.
Chris concentrates a significant part of his practice to representing clients on swaps, options and other derivatives and foreign exchange facilities and transactions and related bank and Commodity Futures Trading Commission (CFTC) regulatory matters; crude oil and other commodity purchase, sale, supply, storage, hedging and monetization facilities and transactions; and creating and maintaining special purpose entities which engage in structured financings, asset-backed financings and bespoke derivatives and transactions. Chris is also a member of the firm’s opinions committee and focuses on secured financing, true sale, non-consolidation and netting opinions.
Recent Notable Matters
Bank — as administrative agent and lender on syndicated secured revolving and term loan facility to private investment fund as borrower involving life settlement assets
Bank — as administrative agent and lender on syndicated secured revolving loan facility to public equipment services company as borrower
Bank — as administrative agent and lender on syndicated secured revolving and term loan facilities to private oil and gas production companies as borrowers
Bank — as lender on term loan facility to broker-dealer as borrower to finance acquisitions of other broker dealers and investment advisers
Restaurant franchising company — as borrower on syndicated secured multitranche term and revolving loan facility
Bank holding companies, specialty finance companies and other public and private companies — as borrowers on syndicated and single-lender revolving and term loan facilities
Real estate investment funds and affiliates — as borrowers and guarantors on CMBS-type acquisition and construction loan facilities
Banks, broker-dealers, specialty finance companies, institutional investors and private investment funds — as lenders and borrowers on securities inventory loan facilities, securities lending facilities and margin loan facilities, and as purchasers and sellers of ownership interests and participation interests in loans using LSTA standard loan and loan participation par and distressed purchase and sale documentation and other customized documentation
Banks, broker-dealers and private investment funds — as buyers, sellers and servicers on master repurchase agreements involving U.S. Treasury securities, residential mortgage-backed securities, mortgage loans and tax liens
Banks, thrift institutions, specialty finance companies, Texas governmental agencies and private investment funds — as purchasers, sellers and servicers in securitization facilities, warehouse loan and loan participation purchase, sale and servicing facilities and CLOs/CDOs involving residential mortgage loans and mortgage-backed securities, as note and loan participation purchasers and joint venture parties in residential mortgage loan purchase and sale, servicing and securitization facilities
Bank — as purchaser of auto loan specialty finance company and purchase and assumption of related auto loan receivables securitization facilities, and specialty finance companies as seller, servicer and custodian in loan purchase, sale and servicing facilities, and specialty finance companies as lender and as borrower warehouse loan facilities involving auto loans
Specialty finance companies — as issuer, seller and servicer on securitization facilities involving commercial insurance premium finance loans, as purchasers, sellers, and servicers, on loan participation purchase, sale and servicing facilities involving commercial insurance premium finance loans, as purchasers of equity interests of commercial insurance premium finance companies and as purchasers of commercial insurance premium finance loan portfolios
Specialty finance companies — as lender on life insurance premium finance loan programs, as seller of loan participation interests in life insurance premium finance loan participation programs, as warehouse lender and sponsor of securitization facility involving life insurance premium finance loans and as intermediary in structured life insurance policy purchase, sale, forward purchase and put option facilities
Energy companies — as purchasers and sellers on receivables purchase and sale facilities involving crude oil and natural gas receivables
Bank — as commodity swap provider to utility company on committed first lien/second lien natural gas hedging facility recognized as Deal of the Year by Energy Risk Magazine
Banks and other financial institutions — on interest rate, foreign exchange and commodity derivatives platforms and transactions for their customers and entering into related correspondent hedging facilities and derivatives services agreements with other financial institutions to hedge and support customer derivatives transactions and related collateral arrangements
Private investment funds — on total return swaps involving syndicated senior secured loans and loan participation interests and equity baskets and indices as reference obligations, and on financially settled and physically settled credit derivatives transactions involving bonds as reference obligations and related intercreditor arrangements
Broker-dealers, banks, private investment funds and other companies — on principal and agency platforms for FX spot, deliverable and non-deliverable FX forward transactions and FX swap transactions with customers, and on FX spot and option master give-up and reverse give-up arrangements with customers, prime brokers, liquidity banks and hedge providers
Banks, public and private companies, energy companies, special purpose entities, Texas governmental agencies and Texas non-profit entities — on plain vanilla and complex interest rate and commodity swap and option transactions in connection with syndicated and single-bank credit facilities, loan warehouse facilities, bond and note offerings, and infrastructure/project financings and related collateral and intercreditor arrangements, and physically settled crude oil and other commodity swaps and derivatives transactions
Public and private companies and private investment funds — on equity derivatives transactions including accelerated share repurchase transactions, synthetic convertible note transactions, equity call spread transactions relating to issuances of convertible securities, total return swaps involving equity securities and baskets/indices, synthetic prime brokerage facilities involving equity swaps based on U.S. and foreign equities and equity baskets and related collateral arrangements and other equity derivatives transactions involving the forward sale and monetization of equity securities and equity option transactions
Dealer and end-user counterparties — on early terminations and close-outs of swaps and derivatives transactions and related disputes (including determinations of Loss and Close-Out Amounts), exercise of set-off, netting and other rights and remedies in swaps and derivatives transactions, mitigating exposure in swaps and derivatives transactions to distressed counterparties, swaps and derivatives collateral and collateral valuation disputes, transfers of swaps and derivatives-related claims, regulatory matters arising from or under Dodd-Frank Act Title VII and CFTC regulations issued under the Dodd-Frank Act, and other regulatory matters under other CFTC and derivatives exchange regulations and rules relating to exchange-traded futures, options and swaps, including exchange of futures for physicals (EFP) transactions, position limits, segregation requirements, margin requirements, and physical delivery requirements
Bank affiliates — as intermediaries on committed crude oil purchase and sale facility to U.S. refinery owned by investment funds and related crude oil storage and hedging arrangements, and bank affiliates as sellers and purchasers on committed crude oil purchase and sale facilities to public and private energy companies and related crude oil storage arrangements
Bank affiliate — as purchaser on structured crude oil purchase and sale and options facility involving global energy company and related crude oil storage arrangements
Bank affiliate and independent energy marketer — as sellers in committed power purchase and sale facilities to power plants and electric cooperative and related collateral and hedging arrangements
Private investment funds and private companies — as purchasers and sellers of crude oil and refined products, coal and copper, and royalty interests and working interests in such commodities
Publications and Speeches
“Interest Rate Hedging Transactions: Selected Concepts and Issues for End-User Counterparties,” Bloomberg Law, August 2012.