| Biography:
Susan Aufiero is an associate in the Corporate Department of the New York office. A member of the Finance Group, she represents commercial banks, finance companies, hedge funds and private funds in all areas of debt financing, focusing on senior secured lending. Her representation also includes distressed debt trading, intercreditor matters, and workouts and restructurings, including LSTA trades and contested litigation in federal and state courts in New York and New Jersey. Susan also provides representation for borrowers in secured and unsecured financings, at the senior, junior and mezzanine level.
Representative matters Susan has been involved in include:
Commercial Lending Facilities
- Bank of America, N.A., as agent for a bank group in a $200 million amended and restated credit facility to Genesco Inc., a North American wholesale and retail marketer, and its subsidiaries
- Milberg Factors, Inc., as agent for a bank group in a $325 million senior secured revolving credit facility with Wear Me Apparel LLC, manufacturer and wholesaler of children's and infant's clothing; the transaction included the review and negotiation of subordinated note documents related to the concurrent sale by WMA of $160 million of subordinated debt
- BRM Acquisition LLC’s acquisition of Blaze Recycling & Metals, LLC and Blaze’s entry into a new $20 million senior revolving credit facility with Wells Fargo Foothill, Inc., and sale of senior secured notes subordinated to the revolving credit facility
- Genius Products, LLC, a home video distributor, as borrower from Société Générale as agent on a $30 million senior secured revolving credit facility with the ability for increases for a total facility of $70 million
- A New York private real estate firm, as borrower from Mercantile Bank in a secured $22 million mezzanine loan
Workouts and Restructurings
- Dresdner Bank AG, New York and Cayman Branches as agent of a syndicated lending group in federal and state lawsuits, and mediation, concerning an Enron special purpose vehicle and its limited partners on an outstanding balance of $70 million
- Bank of America, N.A. on a $45 million senior syndicated credit facility with Jillian's Entertainment Corp. resulting in a Chapter 11 liquidation and Section 363 asset sale
Special Opportunities
- Summit Investment Management, LLC in its debt acquisition, debtor-in-possession syndicated financing and exit syndicated financing for Souper Salad, Inc.
- Private investment fund regarding its $16 million investment and credit enhancement for a medical testing laboratory, addressing and resolving receivables lender issues, various third party claims and compliance matters
Susan has co-authored or assisted with various articles concerning lending to private equity funds and preparing for distressed debt recovery opportunities. She is admitted to practice in New York (Eastern and Southern Districts) and New Jersey federal district courts and state courts. On the board of the Financial Women’s Association, Susan is Co-chair of its Professional Services Liaison Committee. Susan is also a member of the Turnaround Management Association, the Association of the Bar of the City of New York, and the New Jersey State Bar Association.
Susan has served as a mentor to a New York City high school freshman through the Imentor program, engaging in weekly e-mails with her mentee, attending group events and addressing her mentee’s high school legal studies class. She also serves as an alumni mentor for Drew University, where as an undergraduate student she was elected to the biology honor society, Beta Beta Beta.
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