David M. Wagener
David Wagener represents borrowers and lenders in connection with various types of sophisticated financing transactions in a variety of industries, many with complex, cross-border secured financing structures, including asset-based loan facilities, acquisition and other leveraged financings, investment-grade lending, corporate restructurings and workouts, debtor-in-possession financings and exit financings.


Significant transactions include the representation of:

  • Wells Fargo Bank, National Association in connection with a $1 billion senior secured asset-based cross-border credit facility (including German, Swiss, Canadian, U.K. and U.S. borrowing bases) and Bank of America, N.A. in connection with a $1.8 billion senior secured cross-border term loan facility, each for Novelis Inc. and certain of its subsidiaries;
  • Bank of America, N.A. and Deutsche Bank AG in the $1.25 billion senior secured asset-based cross-border credit facility for certain subsidiaries of Algeco Scotsman Group;
  • JPMorgan Chase Bank, N.A. in the $850 million senior secured asset-based cross-border credit facility (including Australian and U.S. borrowing bases) for JBS USA, LLC;
  • Credit Suisse in connection with a $330 million first-lien senior secured credit facility and an $80 million second-lien senior secured credit facility for ILC Industries, LLC;
  • Fortress Credit Corp. in connection with a Shariah-compliant $150 million superpriority debtor-in-possession murabaha facility to finance the U.S. Chapter 11 bankruptcy of Arcapita Investment Holdings Limited (a subsidiary of Arcapita Bank, B.S.C.(c));
  • CF Industries, Inc. in connection with its $2.3 billion senior secured credit facilities to finance in part the acquisition of Terra Industries, and its subsequent $1 billion unsecured revolving credit facility; and
  • Och-Ziff Capital Management Group LLC in connection with its $391 million senior secured term loan refinancing.

Mr. Wagener also represents veteran clients pro bono in claims for service-connected disability compensation.

Prior to joining Skadden, Mr. Wagener served as an infantry officer in the U.S. Army. He is a veteran of the wars in Afghanistan and Iraq.



  • J.D., University of Michigan Law School, 2008
  • B.M., University of Michigan, 1999


  • Illinois

David M. Wagener