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Christian M. Lucky

Partner
+1.509.241.1502
Fax +1.509.232.2110
+1.206.623.7580
Fax +1.206.623.7022

Christian Lucky’s areas of practice include mergers and acquisitions, corporation finance, project finance, commercial lending, securities regulation and offerings, energy infrastructure development, and technology transactions. Prior to joining K&L Gates, Christian was a partner in a law firm in New York City, and was executive director and assistant general counsel of an investment foundation in Europe.

  • Commercial Contracting. Act as counsel to a broad range of clients in preparing and negotiating commercial contracts including purchase and sale agreements, employment agreements, consulting agreements, letters of intent, confidentiality agreements, non-competition and non-solicitation agreements, joint venture agreements, manufacturing agreements, distribution agreements, co-development agreements, and joint marketing agreements, among others.

  • Corporate Internal Controls. Develop, implement and audit corporate policies including corporate codes of ethics, internal controls for compliance with the Foreign Corrupt Practices Act, UK Anti-Bribery Act, EU data protection rules, AML compliance, among others.

  • Energy Infrastructure Development. Act as transactional counsel to broad range of businesses operating in the energy industry in their operations in the United States, Canada and Europe with substantial experience across a broad range of transaction operations including: acquisition and disposition agreements, build transfer agreements, due diligence, equipment supply agreements, fatal flaw analysis, interest purchase agreements, joint venture agreements, management, maintenance and operations agreements, project development agreements, and project financing documents, responses to RFP’s, among others.

  • Finance (Corporation Finance and Project Finance). Act as counsel to companies in capital and debts raises in both private and public markets. Act as counsel to banks and borrowers in secured lending structures with broadly diverse collateral pools located in multiple jurisdictions including real estate, investment property, securities, equipment, and fixtures Act as counsel for project sponsors in the establishment of various project financing structures.

  • Mergers and Acquisitions. Act as counsel to buyers and sellers in asset deals, stock deals, mergers, and joint ventures for both publicly-traded and private companies. Christian has played a leading role in merger and acquisition transactions with billions of dollars in aggregate value.

  • Public Company and Securities Regulation. Act as counsel in a broad range of complex securities transactions including Securities Act and Securities Exchange Act compliance in connection with public offerings (including cross-border offerings), periodic reports compliance, public company mergers, tender offers and management of equity compensation plans.

  • Technology Transactions. Act as counsel on broad range of aspects of technology transactions and IP licensing, including joint ventures, R&D collaborations, and strategic alliances.

Professional Background

Before joining K&L Gates, Mr. Lucky was a partner in an international law firm in New York City and was executive director, and assistant general counsel of a public investment foundation in Europe.

  • Bar Committee Memberships. Christian is a member of the Partnership and LLC Law Committee, and a member of the Uniform Commercial Code Committee of the Washington State Bar Association. Christian is a former of the Committee on International Law of the New York State Bar Association

  • Pro Bono Service. Recurrent consultations and advice to the Department of Homeland Security, the New York City Office of Emergency Management, and the National Library of Medicine of the National Institutes of Health. Substantially participated in legal policy initiatives for several organizations including the Open Society Institute, the Moscow Branch of the Russian Science Foundation, the Ford Foundation, the University of Chicago Law School, Bellevue Hospital (New York City), New York University School of Law, and New York University School of Medicine. Provided consultations and advice to ministries of European governments as well as various offices and programs of the United Nations.

  • Fellowships and Research Affiliations. Center for Study of Constitutionalism in Eastern Europe (University of Chicago), Council for Soviet and Post-Soviet Studies, Ford Foundation Research Fellowship, Fulbright Fellowship, Large Scale Emergency Response Program (NYU), Center for Law and Security (NYU), Center for Law and Development (NYU)

  • Academic Appointments. Assistant Professor of Law, Central European University, 1995-1997

The following list includes a selection of transactions in which Christian Lucky has played a leading role. The selection outlines a capacity profile by detailing specific examples of transactions on which Christian Lucky has worked. 

  • Revolving Facility For Lending Operations
    Deal Amount (approx): $9,285,000,000.00
    Legal Function: Secured Lending
    Description: Act as counsel to U.S. government sponsored entity in creation credit facility secured by all personal property of borrower and guarantors, credit support value primarily in  accounts, investment property, and pool of mortgage backed securities (REMIC)
    Industry: Financial Services - GSO’s
  • Revolving Facility For Financing Lending Operations
    Deal Amount (approx): $5,230,000,000.00
    Legal Function: Secured Lending
    Description: Act as counsel to U.S. government sponsored entity in creation of $4.1 billion credit facility secured by all personal property of borrower and guarantors, credit support value primarily in  accounts, investment property, and pool of mortgage backed securities (REMIC)
    Industry: Financial Services - GSO’s
  • Project Finance Credit Facilities
    Deal Amount (approx): $1,100,000,000.00
    Legal Function: Project Finance – Construction and Term Loan
    Description: Acted as counsel to renewable energy developer that, as borrower, entered into a series of loan facilities with HSH Nordbank AG and Siemens Financial Services, Inc. in connection with the construction of a 500 MW wind farm
    Industry: Energy - Electricity Generation
  • Registered Debt Exchange Offering
    Deal Amount (approx): $350,000,000.00
    Legal Function: Mergers & Acquisitions - Public Company
    Description: Acted as counsel to publicly-traded Canadian convenience store chain in the acquisition of large United States convenience store chain for a net cash purchase price of $803.9 million financed in part through the proceeds from the issuance of $350 million senior subordinated A/B notes
    Industry: Food Production and Sales
  • Cross-Border Tender Offer
    Deal Amount (approx): $253,000,000.00
    Legal Function: Mergers & Acquisitions – Public Company Tender Offer
    Description: Acted as counsel to target's board of directors in connection with fiduciary duties and defensive tactics related to cross-border takeover by South American public company acquirers
    Industry: Food Production and Sales
  • Energy Project Sale Leaseback
    Deal Amount (approx): $200,000,000.00
    Legal Function: Project Finance – Sale Leaseback
    Description: Acted as counsel to renewable energy developer in sale leaseback transaction of 30 MW (AC) photovoltaic solar facility
    Industry: Energy - Electricity Generation
  • Sale of Solar Project
    Deal Amount (approx): $170,000,000.00
    Legal Function: Mergers & Acquisitions – Project Level
    Description: Acted as counsel to large renewable energy developer in connection with its sale of assets adequate for the completion of a in 20 MW solar power project
    Industry: Energy - Electricity Production
  • Build – Transfer of Wind Farm
    Deal Amount (approx): $160,000,000.00
    Legal Function: Mergers & Acquisitions – Project Level
    Description: Act as counsel in the build transfer transaction regarding a 201 MW wind project
    Industry: Energy - Electricity Production
  • Auction and Sale of 45MW Wind Farm Under Construction
    Deal Amount (approx): $103,000,000.00
    Legal Function: Mergers & Acquisitions  –Project M&A
    Description: Acts as counsel to large construction firm entering renewable energy development business in the auction of a 45MW wind farm which was constructed during the signing and closing of the MIPSA
    Industry: Energy - Electricity Generation
  • Purchase of Home Building Company
    Deal Amount (approx): $101,000,000.00
    Legal Function: Mergers & Acquisitions – Private Company
    Description: Acted as counsel a wholly-owned subsidiary of one of Japan’s largest wood products producers in its acquisition of all of the assets of a U.S. home builder and its affiliates
    Industry: Construction - Home Building
  • Build Transfer of 125 MW Wind Project
    Deal Amount (approx): $101,000,000.00
    Legal Function: Mergers & Acquisitions – Project Level
    Description: Acted as counsel to developer in build transfer sale of 125 MW wind project including auction of transaction with stapled financing
    Industry: Energy - Electricity Production
  • Project Equity Financing
    Deal Amount (approx): $92,500,000.00
    Legal Function: Project Finance –   Equity Investment
    Description: Acted as counsel for energy project developer in connection with equity investment for a 20Mw PV project by large insurance company and term debt financing provided by Investor’s affiliate
    Industry: Energy - Electricity Generation
  • Financing of Commercial Tower
    Deal Amount (approx): $90,000,000.00
    Legal Function: Project Finance – Mezzanine Debt
    Description: Acted as counsel to global commercial real estate developer that secured a $90 million project financing from Scotiabank Inverlat, S.A. and The Bank of Nova Scotia for the development of an office tower
    Industry: Construction - Commercial Real Estate
  • Initial Public Offering
    Deal Amount (approx): $85,000,000.00
    Legal Function: Public Offering – Initial Public Offering
    Description: Acted as counsel in initial public offering and listing on the Nasdaq Stock Market of the common shares of technology provider with a concomitant secondary offering by selling shareholders
    Industry: Technology - Information Technology
  • Underwritten Public Offering
    Deal Amount (approx): $80,000,000.00
    Legal Function: Public Offering -  Follow On Offering
    Description: Acted as underwriters counsel in connection with the underwritten public offering by of 2,760,000 shares of its common stock
    Industry: Construction - Road Construction
  • Term facility to refinance existing debt, bridge loan, revolving facility and letter of credit availability to support ordinary course operations; facility supported by upstream and affiliate guarantees
    Deal Amount (approx): $54,000,000.00
    Legal Function: Secured Lending
    Description: Acted as counsel to top five U.S. bank in creation of $85 million credit facility secured by certain parcels of real property; all personal property of borrower consisting primarily of accountants, equipment, and inventory
    Industry: Financial Services - Banking
  • Asset Acquisition
    Deal Amount (approx): $53,000,000.00
    Legal Function: Mergers & Acquisitions – Private Company
    Description: Acted as counsel to metal reclamator in its acquisition of the assets of a metals, glass, plastics and cardboard recycling business
    Industry: Industrial Manufacturing and Sales -Scrap Metal
  • Debt Offering in Technology Fund
    Deal Amount (approx): $51,500,000.00
    Legal Function: Private Offerings
    Description: Acted as counsel to technology issuer in multiple offerings of debt securities under compound exemptions in the United States and Europe (France, Germany, Netherlands and United Kingdom) in connection with microfinance of clean technology and renewable energy projects in developing countries in South America, Central America and Asia - prepared prospectus and bond documentation for initial $50 million offering
    Industry: Technology - Clean Technology
  • Formation of Global Joint Venture between European Technology Companies
    Deal Amount (approx): $51,000,000.00
    Legal Function: Joint Venture Formation
    Description: Acted as counsel for European technology companies in structuring of global joint venture in preparation of financing of multiple projects
    Industry: Technology - Clean Technology
  • Reverse Triangular All Cash Merger
    Deal Amount (approx): $45,000,000.00
    Legal Function: Mergers & Acquisitions – Private Company
    Description: Acted as counsel to market data storage company which merged with and into subsidiary of large data storage company in consideration for cash payment to stockholders. Transaction required stockholder meeting, exercise of outstanding options, and included post closing bonus program, escrow payouts and employments agreements
    Industry: Technology - Information Technology
  • Cross-Border Merger of Equals
    Deal Amount (approx): $43,000,000.00
    Legal Function: Mergers & Acquisitions – Public Company
    Description: Acted as counsel to Canadian solar equipment manufacturer and its affiliates, in connection with a share exchange agreement with solar developer, and the joining to $30 million credit facility. Transaction included assets in North America and Germany and consents with publicly-traded European parent
    Industry: Energy - Electricity  Generation
  • Sale of Division of Public Company
    Deal Amount (approx): $40,000,000.00
    Legal Function: Mergers & Acquisitions – Public Company
    Description: Acted as counsel to public-traded  coffee company in connection with the sale of the assets associated with its wholesale business and supply chain
    Industry: Food Production and Sales
  • Private Placement
    Deal Amount (approx): $32,000,000.00
    Legal Function: Private Offering
    Description: Acted as counsel to private company in raising of equity pursuant to Section 4(2), Rule 506 and Regulation S
    Industry: Technology- Information Technology
  • Acquisition of Interest in Wind Farm
    Deal Amount (approx): $30,000,000.00
    Legal Function: Mergers & Acquisitions – Private Company
    Description: Acted as counsel to large renewable energy developer in connection with investment (stock purchase) into a 102 MW wind power project
    Industry: Energy - Electricity Generation
  • Offering of Common Stock
    Deal Amount (approx): $27,000,000.00
    Legal Function: Private Offering
    Description: Act as counsel to loyalty currency management software and solutions provider in its cross border offering of common stock pursuant to Regulation S, 4(2), Regulation D, and 144A
    Industry: Technology- Information Technology
  • Purchase of Mill
    Deal Amount (approx): $25,000,000.00
    Legal Function: Mergers & Acquisitions – Private Company
    Description: Acted as counsel to wood products producer in connection with the purchase of the assets of a plywood mill. The seller was a local bank which had foreclosed and acquired the assets from its borrower. On the day of closing also entered into a long-term lease for the premises and initiated a private equity offering
    Industry: Industrial Manufacturing and Sales - Lumber Production
  • Term facility to refinance existing debt, revolving facility to support ordinary course operations; facility supported by upstream and affiliate guarantees
    Deal Amount (approx): $25,000,000.00
    Legal Function: Secured Lending
    Description: Acted as counsel to top five U.S. bank in creation of $18 million credit facility secured by certain parcels of real property; all personal property of borrower consisting primarily of accountants, equipment, and inventory
    Industry: Financial Services - Banking
  • Initial Public Offering of Equity
    Deal Amount (approx): $24,000,000.00
    Legal Function: Public Offering – Spinoff Initial Public Offering
    Description: Acted as counsel in initial public offering and listing on the Nasdaq Stock Market of the common shares of a leading supplier of medical products for the therapeutic treatment of peripheral vascular disease
    Industry: Technology - Medical Devices
  • Term loan for purchase and development of commercial real estate - affiliate guaranty
    Deal Amount (approx): $22,000,000.00
    Legal Function: Secured Lending
    Description: Act as counsel to investing arm of Canadian public pension fund in creation of credit facility secured by certain parcels of real property - all personal property of affiliate guarantor consisting primarily of investment property and accounts
    Industry: Financial Services - Banking
  • Offering of Series A Preferred Stock
    Deal Amount (approx): $21,000,000.00
    Legal Function: Private Offering
    Description: Acted as counsel to data storage company in offering of preferred round to investors
    Industry: Technology- Information Technology
  • Acquisition of Dairy Products Processing Company ($20,000,000)
    Deal Amount (approx): $20,000,000.00
    Legal Function: Mergers & Acquisitions – Private Company
    Description: Acted as counsel to large dairy processor in the stock purchase of large regional dairy processor
    Industry: Food Production and Sales
  • Term loan for refinance, and revolving line for business operations
    Deal Amount (approx): $16,000,000.00
    Legal Function: Secured Lending
    Description: Act as counsel to depository institution in creation of credit facility secured by certain parcels of real property, and all personal property of borrowers
    Industry: Financial Services - Banking
  • Convertible Loan from Institutional Investor
    Deal Amount (approx): $5,000,000.00
    Legal Function: Private Offering
    Description: Acted as counsel to financial services software developer in connection with a $5 million convertible loan by Credit Suisse First Boston Next Fund, Inc., an affiliate of Credit Suisse, and amendments to its Series B Preferred Stock financing arrangements
    Industry: Technology - Information Technology

  • Creation of Form Purchase Agreements for Fruit and Vegetable Operations
    Deal Amount (approx): N/A
    Legal Function: Contracting Program
    Description: Acted as counsel to national fruit and vegetable producer in the creation of its form contracts for the purchase, transportation and processing of over thirty crops in fifteen states
    Industry: Food Production and Sales

  • Restructuring of Complex Manufacturing Processes
    Deal Amount (approx): N/A
    Legal Function: Contracting Program
    Description: Acted as counsel to medical device manufacturer in implementation of manufacturing
    Industry: Technology - Medical Devices

  • Formation of Joint Venture for Development of Solar Powered Electricity Generation Facilities
    Deal Amount (approx): N/A
    Legal Function: Joint Venture Formation
    Description: Acted as counsel for Canadian investor in formation of joint venture with solar project and technology developer
    Industry: Energy - Electricity Generation

  • Equity Compensation Plan Recapitalization
    Deal Amount (approx): N/A
    Legal Function: Public Offering – Equity Compensation Plan
    Description: Acted as counsel to premier hotelier in structuring transition from an option-based equity compensation plan for its directors and executive officers to a restricted stock program
    Industry: Travel - Hospitality