Kelly G. Gwathney | Balch & Bingham

Kelly G. Gwathney

Partner
  • (205) 226-8719
Download Resume kgwathney@balch.com
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?

    I spend most of my time representing financial and strategic buyers and sellers in evaluating, structuring, negotiating, documenting, and closing merger, acquisition and disposition transactions, including both negotiated and auction deals, as well as multi-party and other complex transactions.

    I also regularly represent borrowers in secured and unsecured debt financings and restructuring transactions, including acquisition financings and project finance transactions for independent power generation facilities.

    In addition, in connection with my M&A and financing work, I frequently represent clients in related commercial transactions, particularly involving independent power generation operations and asset management.

    I also advise private equity and other private investment funds and institutional investors regarding joint venture structuring and co-investment governance, project development and finance, portfolio asset acquisition and disposition and general portfolio management.

    Finally, I counsel a variety of public and private entities and individuals in corporate governance, dispute resolution, and other business and commercial matters.

Select Matters

  • 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)

News

    Credentials

    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