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Donald E. Bingham

Fax +1.312.827.8011

Mr. Bingham is a Partner in the Chicago office of K&L Gates LLP and a member of the firm’s Finance Practice Area. He represents borrowers and lenders in secured and unsecured financing transactions, including term loans, private note placements, mezzanine loans, revolving loans, guarantees, security agreements and letters of credit.. He advises clients in all aspects of debtor/creditor law, including, without limitation, Article 9 of the Uniform Commercial Code and the United States Bankruptcy Code.

Mr. Bingham also regularly represents purchasers and sellers of loans, accounts receivable and other financial assets pursuant to revolving and term securitization structures. He has advised investors and financial guarantors in private placements of notes secured by “future flows” of cash between US banks and banks located in emerging markets, including Latin America and Central Asia.

Professional Background

Prior to joining K&L Gates LLP, Mr. Bingham was a Partner in another international law firm. Before admission to the bar, Mr. Bingham spent several years in California’s Silicon Valley, first as a commercial loan officer for a local bank and later as the credit manager of a national computer distributor.

Professional/Civic Activities

  • Board Member - JUST of DuPage. JUST of DuPage is the non-profit social service agency meeting the needs of men and women incarcerated in the DuPage County Jail. www.justofdupage.org
  • American Bar Association
  • Advised a German bank in a proposed $400 million revolving accounts receivable purchase agreement with a US wireless telephone service provider.
  • Represented a privately-held US pharmaceutical company in connection with a syndicated credit facility providing for a dividend recapitalization.
  • Represented a family of investment funds in connection with a $300 million secured credit facility provided by a syndicate of banks led by JPMorgan Chase.
  • Advised a major national bank in the proposed sale of all mortgages originated by its joint ventures to another national bank under a revolving repurchase facility.
  • Represented a California based mortgage lender in connection with the private placement of $200 million of senior secured notes.
  • Represented a health insurance company and its affiliates in a $400 million unsecured revolving credit agreement, including a letter of credit facility, provided by a syndicate of banks.
  • Represented a fast growing, on-line textbook rental company in a $55 million secured revolving credit agreement from a syndicate of banks.
  • Represented an ethanol manufacturer in a $20 million revolving credit facility as part of a combination of secured financings provided to the borrower as it exited Chapter 11 bankruptcy proceedings.
  • Represented the agent in a $60 million term loan secured by capital stock made to the owner of a cable music television channel to restructure its existing debt.
  • Represented the lender in connection with a $29 million secured loan to a Spanish film producers to finance print and advertising costs related to the theatrical distribution of a computer-animated film.
  • Represented the sole lead arranger of a $245 million secured revolving credit facility and mezzanine loan to a Hollywood studio to finance the production of a slate of films co-produced with Warner Bros.
  • Represented the agent in connection with a $415 million secured revolving credit facility provided to an investment vehicle set up to co-produce films with Twentieth Century Fox.
  • Represented a European bank in connection with several uncommitted receivables purchase facilities, aggregating over $200 million, provided to US affiliates of its European customers.
  • Represented the agents in trade receivables securitization facilities aggregating over $500 million provided to a regional Midwestern public utility company.
  • Represented the agent in a $350 million trade receivables securitization facility provided to an international chemical manufacturing company.
  • Represented the purchaser in a $100 million receivables purchase facility provided to a global metals manufacturing company.
  • Acted as investors’ counsel for an offering of notes issued under Reg D to be repaid from future flows of diversified payment rights collected by a Brazilian bank.
  • Represented the insurer of $50 million in notes issued under Rule 144A supported by insurance premium tax credits.
  • Represented the insurers of $485 million in notes issued under Rule 144A and supported by future flows of diversified payment rights to banks in Peru, Turkey and Kazakhstan.