Dale Smith is a Partner in the Firm's Houston office. He focuses his practice on finance, energy, oil and gas and real estate matters. Mr. Smith's finance and banking experience includes the representation of both lending institutions and borrowers in all types of secured and unsecured credit transactions, including syndicated and structured finance transactions, project finance, letter of credit, working capital, ABL and exploration and production borrowing base facilities, workouts and restructurings and DIP and bankruptcy exit financings.
Mr. Smith’s energy experience includes the representation of electric and gas utilities in the negotiation and preparation of engineering, procurement and construction contracts for the development of new fossil fuel plants and the environmental retrofitting of existing plants.
Mr. Smith's oil and gas experience includes the preparation of leases, farmout and participation agreements, seismic and license agreements, processing agreements, gas purchase and sale agreements and limited liability company agreements and limited partnership agreements. In addition, Mr. Smith has substantial experience performing mineral reserve due diligence reviews for purposes of advising clients providing capital to exploration and production companies.
Mr. Smith also possesses substantial experience representing telecommunication providers in the negotiating and drafting of surface, building and roof top site acquisition and lease agreements for telecommunication providers in Texas and Louisiana.
Representative Experience
- Represented a crude oil pipeline company in a $125 million secured credit facility.
- Represent a major pipeline company and its affiliates in all of their bank credit facilities.
- Represented the agent in syndicated credit facilities to Northern Natural Gas, Transwestern Pipeline Company and The Williams Companies.
- Represented the agent in a syndicated credit facility to Targa Resources, Inc.
- Represented a large independent midstream energy company in acquisition financings for MLP drop-down transactions.
- Represented an oil pipeline joint venture in connection with its $415 million bridge term loan.
- Represented a project company who is a part owner of a coal-fired power plant in the restructuring of $1 billion of bank debt and hedging facilities.
- Represented the lender in a project financing and power purchase agreement for a 10 MW solar facility in New Jersey.
- Represented a private equity firm with the provision of a credit facility to a company in the business of mining, producing and distributing sand used in hydraulic fracturing.
- Represented a distressed debt investor in the provision of a credit facility to be used to purchase a manufacturing company out of bankruptcy.
- Represented European and U.S. banks and financial institutions in connection with $800 million of senior credit facilities to a contract drilling company, secured by 28 offshore drilling rigs operating in the Gulf of Mexico and internationally and shares of certain U.S. and international subsidiaries.
- Represented several oil and gas midstream companies with offshore and onshore assets in connection with the negotiation and preparation of asset acquisition and disposition agreements, gathering, transportation and processing agreements and various other transactional matters, including the acquisition of credit facilities totaling more than $2 billion.
- Represented a major Texas electric utility in the negotiation and drafting of engineering, procurement and construction agreements for the construction of new coal fired power plants and for environmental retrofit projects at its existing power plants.
- Represented a private equity firm in connection with several acquisition financings for portfolio companies located in the U.S. and abroad.
- Represented the lenders in connection with $750 million of senior credit facilities to a contract drilling company operating in the Gulf of Mexico and internationally.
- Represented the financial institutions in connection with $190 million of secured senior credit facilities to a newly formed energy company in connection with its acquisition of oil and gas leases, pipelines and gas processing facilities located in Louisiana and Texas.
- Represented the purchaser in its lease negotiations with the Mississippi Port Authority and with the acquisition and refurbishment of a $220 million casino located in Gulfport, Mississippi destroyed by Hurricane Katrina.
- Represented the seller in a $445 million sale of all of its midstream gas assets located in the state of Michigan.
- Represented a major Texas electric utility in the negotiation and drafting of a coal and lignite handling system for its south Texas power plant.
- Represented an entity in the formation of a limited liability company to manufacture and lease oilfield services equipment.
- Represented a private equity firm in connection with a joint seismic and exploration and development agreement for Gulf of Mexico blocks.
- Represented a Texas petrochemicals manufacturer with emergence from bankruptcy and with its subsequent acquisition of a competitor's manufacturing facilities.
- Represented cellular telecommunications providers with the negotiation and execution of over 100 land, building and rooftop lease agreements in Texas and Louisiana.
- Performed numerous diligence reviews of oil and gas property title reports, energy supply contracts, lease agreements, joint operating agreements, warrant and investor rights agreements, processing agreements, surface use agreements and other related agreements in connection with the representation of lenders in borrowing base loans to energy companies.
Education
- J.D., magna cum laude, Loyola University School of Law, New Orleans, 1998
- M.B.A., University of New Orleans, 1989
- B.S., University of New Orleans, 1983
Bar Admissions
Publications & Presentations
- Author, "A Musing Affair: Who Owns Your Thoughts?" 44 Loy. L. Rev. 155, 1998.
- Author, "Trial Procedure: An Analysis of Arkansas' Exceptional Treatment of the Contemporaneous Objection Rule in Criminal Bench Trials, Strickland v. State," 322 Ark. 312, 909 F.W. 2d 318, 1995; 19 U.Ark., Winter 1997.
Professional History
Professional Affiliations & Achievements
- Named, The Best Lawyers in America, Banking and Finance Law (2013)
- Member, State Bar of Texas, Oil, Gas and Mineral Law Section
- Member, Houston Bar Association
- Member, Houston and American Association of Professional Landmen
- Member, Association for Corporate Growth
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