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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 and project finance, commercial lending, securities regulation, energy infrastructure development, and technology transactions. His practice emphasizes the energy and technology industries. Before joining K&L Gates, Mr. Lucky was a partner in an international law firm in New York City and was Executive Director of an investment foundation in Europe.

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 of a public investment foundation in Europe.

  • Bar Committee Memberships. Served on several bar committees including the Partnership and LLC Law Committee, Washington State Bar Association Business Law Section (current), and the Committee on International Law of the New York State Bar Association
  • 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)
  • Public Policy Work. 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.
  • Academic Appointments. Assistant Professor of Law, Central European University, 1995-1997

Achievements

  • Fulbright Scholar, Berlin, Germany 1989-1990

Mergers and Acquisitions

Publicly Reporting Companies

  • Acted as counsel to publicly-traded energy infrastructure equipment manufacturer and software developer in connection with a share exchange agreement with an energy equipment developer and the joining of a credit facility with private equity fund. Transaction included assets in the United States, Canada, Germany, and the United Kingdom
  • Acted as counsel to NYSE listed company in precious metals sector in unsolicited tender offer of shares of capital stock of TSE listed company
  • Acted as counsel to NASDAQ Stock Market company in acquisition of the intellectual property assets of point-of-sale merchant processing business
  • Acted as counsel to NASDAQ Global Select company in connection with the sale of the assets associated with its wholesale business and supply chain
  • Acted as counsel to publicly reporting cooperative food producer in share exchange with publicly-reporting food producer
  • Acted as counsel to NASDAQ Global Market company in sale of business line to private company
  • Acted as counsel to non-US publicly-traded convenience store chain in the acquisition of US convenience store chain from NYSE listed company
  • Acted as counsel to target's board of directors in connection with fiduciary duties related to defense in cross-border unsolicited tender offer by South American public company

Private Company M&A

  • Acted as counsel to European national utility in the structuring of a global joint venture in clean technology intellectual property sector and preparation of financing of multiple projects
  • Acted as counsel to energy-related efficiency solutions provider in its acquisition by subsidiary of European utility
  • Acted as counsel to large dairy products producer in its acquisition of an operating company and its subsidiaries with a processing facility in Utah and a fleet of vehicles for distribution of dairy products
  • Acted as counsel a wholly-owned subsidiary of one of Japan’s largest wood products producers in its acquisition from home builder and its affiliates of (i) all of the operational assets their the land development and single-family home building business and (ii) ninety-six single-family residential lots in various stages of development and construction
  • Acted as counsel to renewable energy company in connection with purchase of companies owning green field solar projects in U.S. southwest
  • Acted as counsel to native corporation in the sale public contracting business to large enterprise and software solutions provider

Corporation Finance

Equity

  • Acted as counsel to issuer in initial underwritten public offering on the NASDAQ Global Select Market
  • Acted as counsel to issuers in multiple follow on offerings on various NASDAQ markets
  • Acted as counsel to underwriter in multiple follow-on public offerings of issuers listed on NASDAQ Stock Market
  • Acted as counsel to sovereign agency in establishment of $10B bankruptcy-remote fund of asset backed securities, issuance of securities certificates, pledge to government sponsored entity pursuant to pledging agreement of complex collateral with securities intermediaries
  • Acted as counsel to issuers in dozens of cross-border offerings pursuant to 4(2), Rule 144A, and Regulation S
  • Acted as counsel to issuers in dozens of private placements and private offerings of equity and debt securities
  • Acted as counsel to large precious metals public issuer in legal documentation of innovative strategy of moderating fluctuations in its share price by engaging in forward contracting and maintaining hedging positions
  • Acted as counsel to NYSE-listed company in transitioning its option-based equity compensation plan for its directors and executive officers to a restricted stock program

Debt

  • Acted as counsel to borrower in refinancing of $400M credit facility with term and revolving loan agreement and subordinated notes
  • Acted as counsel to public issuer in acquisition of public target for a net cash purchase price of $803.9 million financed in part through the proceeds from the issuance and exchange of $350 million senior subordinated A/B notes
  • Acted as counsel to issuers in multiple 144A debt offerings
  • Acted as counsel to issuers in multiple private unregistered note offerings
  • Acted as counsel to many national depository institutions in the creation, amendment, or renewal of dozens of middle market credit facilities with a broad variety of credit support and secured by a broad range of collateral

Energy Infrastructure Development

  • Acted as counsel to developer of 200MW wind powered electricity generating facility in the Kingdom of Lesotho and South Africa
  • Acted as counsel to purchaser of assets sufficient for development 125 MW wind powered electricity generating facility in California
  • Acted as counsel to developer in the build-sell of 140MW wind powered electricity generating facility in Idaho to financial investor
  • Acted as counsel to energy infrastructure developer in connection with a construction loan for 262 MW wind powered electricity generating facility
  • Acted as counsel to European national utility in the structuring of a global joint venture in clean technology sector and preparation of financing of multiple projects
  • Acted as counsel to developer in connection with its sale of assets adequate for the completion of a 20 MW solar power project
  • Acted as counsel to publicly-traded solar power corporation in the acquisition of rights related to development of large-scale photovoltaic solar electric generation facilities
  • Acted as counsel to publicly-traded solar power corporation in the sale of large-scale photovoltaic solar electric generation facility to financial investor
  • Acted as counsel to project owner and developer in multiple project financings (equity and secured debt) of renewable energy projects in the United States ($300 million), preparation of EPC Contracts, MOMA’s, secured lending and project financing agreements, prospectus, and joint venture agreements
  • Acted as counsel to clean 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; preparation of prospectus and bond documentation for initial offering
  • Acted as counsel to clean technology equipment manufacturer in the raising of capital pursuant to private placement of convertible debentures
  • Acted as counsel to energy infrastructure developer in conducting diligence and structuring series of investments totaling over $500 million in commitments into a group of biofuels development facilities
  • Acted as counsel to global renewable energy corporation in design and implementation of FCPA compliance program
  • Acted as counsel for energy infrastructure project developer in connection with equity investment for a 20MW solar PV powered electricity generating facility by insurance company and term debt financing provided by investor’s affiliate

Project Finance Transactions

  • Acted as counsel to distressed mining company project in a reorganization of a complex capital structure, including the issuance of three classes of shares, four classes of debt securities instruments and multiple classes of derivative securities (rights, options and warrants) exercisable for the foregoing. The issuance of the new capital structure was made pursuant to sections 3(a)(9), 3(a)(10), 4(2) and 144A and to regulation S
  • Acted as counsel to precious metals producer in the structured trade/project financing of its gold mine project in Argentina
  • Acted as counsel to owner and developer in multiple project financings (equity and secured debt) of renewable energy projects in the United States, preparation of secured lending facilities, project financing documentation, prospectus, and joint development agreements
  • Acted as counsel to large renewable energy developer in connection with its investment in 102 MW wind powered electricity generating facility
  • Acted as counsel to clean 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; preparation of prospectus and bond documentation for initial $50 million offering
  • Acted as counsel to project owner in financing for the development of a office tower in Mexico City
  • Acted as counsel to project sponsor in sale leaseback of utility scale solar pv powered electricity generating facility
  • Acted as counsel to project developer in construction and term loan in connection with the construction of 300M wind powered electricity generating facility
Commercial Lending

Acted as counsel to many national depository institutions in the creation, amendment, or renewal of dozens of middle market credit facilities with a broad variety of credit support and secured by a broad range of collateral

Technology Transactions

  • Acted as counsel to technology developers in the creation of strategic collaborations such as joint ventures, outsourcing deals, co-development arrangements, and manufacturing and distribution agreements
  • Acted as counsel to European national utility in the structuring of a global joint venture in clean technology intellectual property sector and preparation of financing of multiple projects
  • Acted as counsel to distributed storage solutions developer in the sale of all its assets to software developer
  • Acted as counsel to information technology and efficiency processes consulting firm in the preparation and negotiation of dozens master services and licensing agreements
  • Acted as counsel to European national utility in the structuring of a global joint venture in clean technology intellectual property sector and preparation of financing of multiple projects
  • Acted as counsel to energy-related efficiency solutions provider in its acquisition by subsidiary of European utility