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Erin L. Fogarty

Associate
+1.305.539.3385
Fax +1.305.358.7095
Erin Fogarty is an associate in the Miami office specializing in capital market transactions. She has experience advising companies regarding public and private offerings of debt and equity securities and compliance with the reporting requirements of the federal securities laws.

Professional Background

Prior to joining K&L Gates, Ms. Fogarty was a corporate associate in the New York office of an international law firm. Before that, she taught English to adults and children in Chile and Ecuador.

Capital Markets Transactions

  • Represented a Canadian public company with oil and gas operations principally in South America as issuer in connection with a number of Rule 144A/Reg. S offerings including: of $300 million of 7.25% senior unsecured notes, $1.0 billion in 5.125% senior unsecured notes, $1.3 billion in 5.375% senior unsecured notes along with a reopening of the 7.25% senior unsecured notes with an additional $300 million of notes.
  • Represented a Colombian banking institution as issuer in connection with two Rule 144A/Reg. S offerings including: of $250 million of 7.5% senior subordinated notes and $300 million in 3.875% senior notes.
  • Represented a Peruvian mining company with operations in Peru and Chile as a first time issuer in connection with a Rule 144A/Reg. S offering of $350 million of 4.625% senior notes.
  • Represented a Spanish pharmaceutical company in the financing its acquisition of a U.S. public pharmaceutical company, through $1.1 billion of 8.25% senior notes along with an exchange offer of existing U.S. publicly traded stock for newly registered ADRs. Represented the issuer through the initial public offering process for a foreign private issuer and in the years following regarding their reporting obligations. Later represented the issuer in its refinancing of its 8.25% notes with a new issuance of $1.0 billion of 5.25% senior notes.
  • Represented an Italian electric utility company in its offering and listing on the Irish Stock Exchange of €2.7 billion of hybrid capital securities.
  • Represented one of the leading food suppliers in the UK in its initial debt issuance of £400 million of 9 7/8% senior notes and €340 million of 9 3/4% senior notes to finance its acquisition of a UK public company.
  • Represented the sole book running manager in the issuance of $127.5 million 12.5% secured notes issued by a public company with oil and gas operations in Louisiana.
  • Represented the investment bank in providing the financing for the acquisition of an oil and gas company operating in Texas, by affiliates of a Chinese public company, which included $150 million of senior secured PIK holdco notes.
  • Represented the sole book running manager in the $110 million offering of senior secured notes by a oil and gas industry service provider.
  • Represented the placement agent in the Section 4(2) private placement of $85 million aggregate principal amount of 14.50% senior secured notes and 85,000 warrants to purchase common equity of an oilfield service provider. Also represented the consent solicitation agent in connection with the consent solicitation required under the issuer’s existing notes.

M&A Transactions

  • Represented a Costa Rican food and beverage company in connection with its acquisition of a U.S. brewing company. Transaction size: $388 million.