Many of Mr. Wagener’s representations involve complex, cross-border secured financing structures, including asset-based loan facilities, acquisition and other leveraged financings, vehicle floorplan financings, investment-grade lending, corporate restructurings and workouts, debtor-in-possession financings and exit financings.
Significant transactions include the representation of:
- Ball Corporation in secured revolving and term loan credit facilities for over $2.5 billion; and in the financing for its acquisition of Rexam PLC, which was named Transatlantic Deal of the Year by The American Lawyer and was shortlisted by IFLR for Loan Deal of the Year;
- Standard Chartered Bank in a $1.8 billion secured cross-border U.S. law term loan facility and a $1.5 billion unsecured bridge facility, each for Novelis Inc., syndicated primarily to Asian banks. The secured deal was named Loan Deal of the Year at the 2018 IFLR Americas Awards;
- Wells Fargo Bank, National Association in a $1.2 billion secured asset-based cross-border revolving facility (including German, Swiss, Canadian, U.K. and U.S. borrowing bases) for Novelis Inc.;
- Citibank, N.A. in asset-based credit facilities for Ardagh Group, S.A., Avaya Inc., Harland Clarke Corp., inVentiv Health, Inc. and UTi Worldwide, Inc., and in a letter of credit facility for Sears Holdings Corporation and its subsidiaries;
- Bank of America, N.A. in asset-based credit facilities for Sears Holdings Corporation, Vee Pak, LLC, School Specialty, Inc. and Navistar, Inc.;
- CF Industries, Inc. in connection with its $750 million senior secured revolving credit facility and $1.25 billion Rule 144A/Regulation S high-yield offering of senior secured notes;
- Burlington Coat Factory in its asset-based revolving facility and term loan facility; and
- RV Retailer, LLC in dealership floorplan and term loan financings for over $500 million.
Mr. Wagener was named a recipient of the 2018 40 Under 40 Award from The Commercial Finance Association.
Prior to joining Skadden, Mr. Wagener served as an infantry officer in the U.S. Army with the 82nd Airborne Division and is a veteran of the wars in Afghanistan and Iraq.
Mr. Wagener also represents veteran clients pro bono in claims for service-connected disability compensation. He is a member of the board of directors of, and storyteller with, 2nd Story, an organization that builds community and promotes diversity and inclusion through the power of empathy and personal stories. His story, "Heart of Nowhere," is available as a podcast on 2nd Story’s website, and tells of his unique experiences as a soldier in Afghanistan.