ProfessionalsCharles J. Pesant
A partner in the Corporate Department and a member of the Securitization Group, Charles Pesant is known for his skill in highly complex domestic and cross-border structured finance deals, particularly his in-depth expertise in securitizations of diverse asset types, including commercial vehicle and equipment fleets, intellectual property, franchise agreements and other assets. Charles also has extensive experience representing debtors and creditors in connection with a variety of restructuring matters involving securitizations.
Charles’s practice covers a wide range of transactions in multiplatform and esoteric structured financings. Charles advises on the nuanced legal and regulatory issues surrounding complex financings by drawing upon his extensive market knowledge of the traditional securitization industry, as well as his M&A, restructuring and financing background.
Charles is highly ranked by Chambers USA for his work in asset-backed securitizations, and is recommended by The Legal 500 for his expertise across a range of products, from CLOs to whole business securitizations. Sources note that Charles “has good understanding of the business issues” and is “thorough, methodical and detail-oriented.”
Charles has represented leading private equity firms and their portfolio companies, such as Apollo Global Management, Roark Capital Group, Inspire Brands and Centerbridge Partners; a variety of public and private corporate clients including Element Fleet Management, Pluczenik Diamond Company and Calpine Corporation; and many of the world’s leading financial institutions, including Morgan Stanley, JPMorgan and Barclays.
Some of his recent representations include:
- Apollo Global Management and its portfolio companies in numerous securitization and financing transactions, including:
- alongside MidCap, as lenders, in an upsize of an existing loan to a subsidiary of Bird Rides, Inc.
- Coinstar, a portfolio company of Apollo, in connection with the issuance of its Series 2018 Class A-2 Notes, Coinstar’s second securitization
- Roark Capital Group and its portfolio companies in numerous securitization and financing matters, including:
- CKE Restaurants, the owner, operator, and franchiser of quick-service restaurants, in its third whole-business securitization
- Dunkin’ Brands Inc. in its fourth whole-business securitization that will be valued at $2.35 billion
- Nothing Bundt Cakes in its inaugural whole-business securitization
- ServiceMaster Brands in its acquisition of Two Men and a Truck, a franchised moving company; the acquisition was financed by the issuance of a second series of notes under ServiceMaster Brands existing whole business securitization facility
- Sonic Corp. in its $575 million 2021-1 issuance of notes backed by franchise-fee revenues through its whole-business securitization master trust
- Barclays Capital as sole structuring agent and initial purchaser in a cell tower securitization by Diamond Issuer LLC in connection to their $665 million notes offering
- Centerbridge Partners and its affiliate funds in its first collateralized bond obligation offering, which included the issuance of $356 million aggregate notes
- Chesapeake Funding II LLC, an indirect wholly-owned subsidiary of Element Fleet Management, in the issuance of $750 million aggregate principal amount of the Series 2021-1 Fixed and Floating Rate Asset Backed Notes under its existing securitization program
- Churchill Capital Corp II, a special purpose acquisition company, in its combined $1.5 billion acquisition of Software Luxembourg Holding S.A. (Skillsoft)
- Element Fleet Management in its acquisition of GE Capital’s North American fleet assets
- Merchants Fleet in its asset based lending facility secured by fleet management assets
- PHH Corporation in the sale of its North American fleet management business to Element Fleet Management
Charles has unique experience in securitizations in the diamond industry, including representing:
- G.K. Diamonds BV, and its affiliates across multiple countries, in its inaugural cross-border inventory-based securitization
- Pluczenik Diamond Company, N.V. as seller and servicer for its second diamond receivables securitization, as well as its inaugural cross border inventory securitization
- Stargems DMCC as seller and servicer in its first securitization, which was backed by diamond receivables
Charles has experience representing both creditors and debtors in bankruptcies involving securitizations, including:
- Hertz Global Holdings, Inc. in its chapter 11 plan of reorganization
- Rabobank as agent for various lenders to Dean Foods during its chapter 11 plan of reorganization