Kelly G. Gwathney | Balch & Bingham

Kelly G. Gwathney

Partner Birmingham
(205) 226-8719
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Education
  • University of Virginia School of Law
    J.D., 2000
  • University of Arkansas
    B.A., 1997, summa cum laude
Bar Admissions
  • Alabama, 2000
About Kelly
Q&A
  • What type of matters do you work on most often?

    My practice includes mergers, acquisitions and dispositions; debt and equity financing transactions; private investment fund representation; and general corporate representation.

    I regularly represent financial and strategic buyers and sellers in structuring, negotiating, documenting, and closing M&A transactions, including both negotiated and auction deals, as well as multi-party and other complex transactions.

    In relation to debt and equity financing transactions, I represent borrowers in secured and unsecured corporate credit facilities, private placements of debt and equity securities and other borrowing and restructuring transactions, including project finance transactions for independent power generation facilities.

    My private investment fund work includes advising private equity and other private investment funds and investors throughout the investment cycle, including fund formation and capitalization, joint venture structuring and co-investment governance, project development and finance, portfolio asset acquisition and disposition and general portfolio management.

    In addition, I counsel a variety of public and private companies, investment funds and individuals in corporate governance, compliance, dispute resolution and other business and commercial matters.

MORE ABOUT Kelly
  • M&A transaction (buy-side): Represented a private investment fund in its acquisition (via competitive auction process) of a 668 MW gas-fired power generation facility in Alabama, including representation of the fund in mezzanine acquisition financing. (2016)
  • M&A transaction (buy-side): Represented a private investment fund and a large state retirement system in the portfolio acquisition (via competitive auction process) of eight gas-fired and coal-fired power generation facilities in Florida, Nevada, Pennsylvania, and California with a combined net capacity of 1,235 MW. (2014) 
  • M&A transaction (buy-side): Represented a private investment fund and a large state retirement system in two separate acquisitions of ownership interests in a 550 MW gas-fired power generation facility in New York, and advised the same investment fund in the acquisition of ownership interests in a sister 560 MW generation facility. (2013 - 2014)
  • M&A transaction (buy-side): Represented the US subsidiary of a publicly-traded Japan-based manufacturing company in its acquisition of the leading US manufacturer of metal press machines. (2012)
  • M&A transaction (sell-side): Represented a private equity fund in the sale (via competitive auction process) of its Arkansas-based specialty health care finance portfolio company to a publicly-traded retail consumer leasing and finance company. (2015)
  • M&A transaction (sell-side): Represented a private investment fund in the sale of its 50% interest in a 208 MW combined cycle power generation facility in Hawaii. (2014)
  • M&A transaction (sell-side): Represented a group of private investment funds in their sale (via competitive auction process) of over 550 MW of gas-fired power generation facilities in California, including representation of the funds in connection with the buyer’s assumption and refinancing of project and holdco debt. (2012)
  • M&A transaction (sell-side): Represented a private investment fund and large public utility in the sale of a biomass generation facility in New Hampshire. (2012)
  • Cross-border joint venture: Represented US-based private investment fund in structuring a joint venture with a Canadian energy company for investment in Canadian flare-gas projects. (2015)
  • Power generation operations and asset management: Represented owner investment funds in restructuring the operation and maintenance and asset management arrangements for five gas-fired power generation facilities with new third-party operator. (2015)
    Education
    • University of Virginia School of Law, J.D., 2000
    • University of Arkansas, B.A., 1997, summa cum laude
    Bar Admissions
    • Alabama, 2000
    Professional Affiliations
    • Alabama State Bar   
    • Birmingham Bar Association
    Awards & Accolades
    • The Best Lawyers in America, Corporate Law