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| Gavin focuses his practice in the areas of derivatives, emissions trading, carbon finance, securitization and other structured finance transactions, loans and credit facilities, acquisition finance, ECA (including JBIC and NEXI) supported financial transactions and financial product development. |
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Gavin specializes in assisting clients in the banking, insurance, and securities industries in financial transactions.
Prior to joining Baker & McKenzie in 2001, Gavin worked for a prominent Japanese law firm specializing in financial transactions and securitization. From August 2004 until September 2006 Gavin worked as a senior associate in the banking and finance practice group of Baker & McKenziefs London office, engaging in derivatives, emissions trading, carbon finance, securitisation and acquisition finance transactions.
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Gavin has advised on many prominent financing transactions in the Japanese markets, including:
Export and Trade Finance/ Project Finance
- Advising Nomura as the provider of a US$230 million mezzanine loan to finance part of the purchase price for Marubeni/TEPCO's successful bid to acquire the Philippine power operations of Mirant. This was the first hybrid project finance / acquisition finance and mezzanine transaction involving JBIC.
- Advising the lenders in relation to a US$300 million NEXI-backed untied credit facility arranged by BNP Paribas, Tokyo branch, for the Ministry of Finance of the Socialist Republic of Vietnam to support construction of the Dung Quot petrochemical refinery.
- Advising the lenders in relation to a Euro 250 million NEXI-backed untied credit facility to a state-owned toll road company for a toll road project in Zagreb, Croatia.
- Advising the lenders in relation to a US$85 million NEXI-backed untied credit facility relating to the Phase II expansion of an aluminum smelter in Mozambique.
- Advising the arranger and agent in connection with a US$600 million NEXI-backed syndicated loan facility made available to the borrower to finance the development of a gas and light crude oil field in Venezuela.
- Advising the lenders in relation to a US$120 million JBIC-backed facility to the Government of Colombia for the Pacific Railway project.
- Advising the lenders in relation to a US$735 million NEXI-backed participation in buyer credit facilities (JBIC supported) to subsidiaries of a major international shipping company to finance the purchase of two cruise vessels.
Derivatives and Structured Products:
- Advising a Japanese utility on its trading documentation and minimising its exposure to Lehman related entities.
- Advising a US financial institution in connection with the creation of a suite of template ISDA agreements for use with Japanese counterparties.
- Advising a US financial institution in connection with the enforceability of the netting provisions contained in its standard prime brokerage agreement.
- Advising a major UK pension fund in connection with the restructuring of its securities lending program.
Emissions Trading / Carbon Finance
- Advising a European carbon fund on the structuring and documentation of the largest (at the time) private sector syndicated investment in a CDM project in China.
- Advising various Japanese and international financial institutions in connection with the structuring of carbon linked financial products.
- Advising a major US investment bank in connection with its due diligence enquiries conducted in preparation for its entry into the European and Japanese emissions trading markets.
- Advising a Japanese financial institution in connection with the structuring and establishment of its global carbon business.
- Advising various Japanese and European businesses on their investments in carbon funds and other carbon related financial products.
- Advising a European investment bank in connection with the creation of a suite of template documents for carbon trades with Japanese counterparties.
- Co-chairing IETAfs EU ETS legal and documentation committee from January 2005 until August 2006 (while based in London).
Leveraged Finance
- Advising Nomura as the provider of a US$230 million mezzanine loan to finance part of the purchase price for Marubeni/TEPCO's successful bid to acquire the Philippine power operations of Mirant. This was the first hybrid project finance / acquisition finance and mezzanine transaction involving JBIC.
- Advising the arrangers and senior lenders in connection with the \74.1 billion financing of a US-based equity firmfs TOB for a listed Japanese audio manufacturer.
- Advising the PIK lenders in connection with the financing of a Japan-based private equity firmfs acquisition of a listed Japanese bank.
- Advising a Japanese bank as arranger of \10 billion term and revolving credit facilities to finance the acquisition by Mitsubishi Corporation of the brake hose business of Freudenberg & Co in France, the US and Romania.
Securitization / Structured Finance:
- Advising the arranger on a \5.7 billion securitization of an office building in Osaka and a \4.6 billion securitization of a portfolio of commercial buildings in and around Tokyo.
- Advising a foreign-owned Japanese auto finance company in connection with the securitization of a combined total of \204.6 billion of auto loan receivables through 4 transactions involving the issue by Japanese TMKs of a combined total of \186.5 billion of Euro-Yen notes listed on the Luxembourg Stock Exchange.
- Advising Credit Suisse on the first Japanese CMBS transaction offered in the US. The transaction was structured as a US Reg D private placement of physical notes and a Euroclear/Clearstream settlement of global notes in which interests were offered under Reg S.
- Advising a Japanese bank as arranger of \10 billion term and revolving credit facilities to finance the acquisition by Mitsubishi Corporation of the brake hose business of Freudenberg & Co in France, the US and Romania.
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Gavin has presented at and participated in various seminars globally. He has also written numerous articles on the Japanese financial and carbon markets for Derivatives Use, Trading & Regulation, the International Financial Law Review and other publications. Most recently he co-authored an article on the Japanese carbon market in the IFLRfs 2008 Guide to Japan. |
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| Gavin is a member of The Law Society of New South Wales, The Law Society of England and Wales and is an active member of many industry working groups and committees including those established by the International Swaps and Derivatives Association (ISDA) and the International Emissions Trading Association (IETA). From January 2005 until August 2006 Gavin co-chaired IETAfs EU ETS legal and documentation committee. |
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Gavin is fluent in Japanese.
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Gavin received an LL.B. from Bond University, Australia in 1995 and a Graduate Diploma in Legal Practice from the College of Law in 1997.
He is admitted in New South Wales, Australia (1998), Queensland, Australia (1998), England and Wales (2003) and as a Foreign Registered Lawyer (gaikokuho jimu bengoshi) in Japan (2007).
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