Bert Viguet assists clients with business organization, acquisition, and finance transactions. He advises executives, boards of directors, independent board committees, and entrepreneurs regarding transactions, corporate finance and corporate governance matters. His practice includes domestic and international transactions and regularly involves energy, energy service, and technology companies.

Bert's practice skills include corporate finance, mergers, acquisitions, reorganizations, tender offers, project finance, and global infrastructure development as well as public offerings and private placements of securities, private equity financing, and syndicated credit facilities. He also represents clients with respect to hedging and financial derivative contracts.

Credentials

Education

J.D., The University of Texas School of Law, with honors, 1985

B.S., Georgia Institute of Technology, Engineering Science, with honors, 1980

Admissions

Texas

Arkansas

Experience

Bert’s representations have included the following:

Public Securities Offerings

  • An independent oil and gas company in a tax-deferred all stock merger with an NYSE-listed energy company in which client company stockholders acquired 65% of the voting stock of the combined company.
  • An NYSE-listed energy company in a public offering of $300 million of ten-year notes.
  • A marine construction industry consolidator in a $122 million initial public offering of common stock and a NASDAQ listing.
  • An information technology industry consolidator in a $63 million initial public offering of common stock and a NASDAQ listing.
  • An international oil services company in a cross-border initial public offering and a TSX listing.
  • An independent oil and gas company in a $204 million new issue of common stock.
  • An NYSE-listed energy company in registration of $340 million of common stock in connection with acquiring an independent energy company.
  • A major independent oil and gas company in a series of public offerings of $280 million of 30-year notes.
  • An NYSE-listed energy company in a shelf registration for a $250 million remarketed notes program.
  • An NYSE-listed energy company in a $172 million Eurobond/Rule 144A offering of convertible debentures followed by a shelf registration of common stock.

Senior Debt and Syndicated Bank Financing

  • A major independent oil and gas company regarding its syndicated £900 million revolving letter of credit facility.
  • An integrated energy products and services company with customers in 23 states regarding a $275 million senior secured revolving credit facility and associated acquisition facility.
  • A major independent oil and gas company regarding its syndicated $3.5 billion five-year revolving credit facility.
  • A major independent oil and gas company regarding its syndicated $2.0 billion 364 day revolving credit facility.
  • An independent oil and gas company regarding its $125 million revolving credit facility secured by borrowing base assets.
  • A major independent oil and gas company regarding its $3.0 billion commercial paper program.
  • A major independent oil and gas company regarding its $200 million senior term credit facility.
  • A major independent oil and gas company regarding its $2.95 billion commercial paper program.
  • A major independent oil and gas company regarding its syndicated $2.25 billion five-year revolving credit facility and $1.95 billion commercial paper program.
  • A major independent oil and gas company regarding its $1.4 billion five-year global revolving credit facility provided by a 24-bank syndicate.
  • A major independent oil and gas company in syndicated $1.0 billion global credit facility.
  • A major integrated food producer regarding $1.4 billion acquisition facility.

Mergers, Acquisitions, and Dispositions

  • A major independent oil and gas company in acquiring by merger of a NASDAQ-listed oil and gas company valued at approximately $400 million.
  • An independent oil and gas company in acquiring $50 million of producing properties and acreage in the Eagle Ford Shale in South Texas.
  • A stalking horse bidder and ultimate buyer in a §363 bankruptcy sale of gas measurement technology business along with more than $75 million of complementary acquisitions in the U.S., Canada, and Mexico.
  • Private equity funds in acquiring distressed oil and gas company and related financing and hedging transactions.
  • A public healthcare services company in a “going private” sale to private equity firm.
  • Owners of South American oil services companies in a sale to a major integrated U.S. oil services company.
  • A NASDAQ-listed computer services company valued at approximately $450 million in a merger with an NYSE-listed telecommunications company.
  • A stalking horse bidder and successful buyer in a §363 bankruptcy sale of an engineering design firm specializing in offshore infrastructure.
  • A consolidator of marine construction companies in numerous acquisitions, including tax deferred mergers and asset purchase transactions.
  • A consolidator of information technology companies in numerous acquisitions, including tax deferred IRC §351 transactions, tax deferred mergers, and asset purchase transactions.
  • A major independent oil and gas company in a series of stock acquisitions and subsequent tender offer and merger with an AMEX-listed company valued at approximately $150 million.

Private Capital and Private Placements of Securities

  • An international pipeline services company in syndicating and issuing $95 million of secured notes and warrants to an international consortium of hedge funds.
  • An NYSE-listed energy company in an $88 million private placement of notes secured by financial derivative contracts.
  • An international energy services company in issuing $70 million of senior secured notes.
  • A major integrated food producer in the $405 million private placement of senior secured notes.
  • An NYSE-listed energy company in a $172 million Eurobond/Rule 144A offering of convertible debentures followed by shelf registration of common stock.
  • An international pipeline services company in issuing $40 million of preferred stock to a consortium of hedge funds to fund the client's Mexican operations.
  • An international energy services company in a private financing to fund four acquisitions and to refinance the company through an affiliate of a major international investment banking firm.
  • A restaurant franchisor and management team in private equity and senior secured financing for acquiring another restaurant franchisor and company-owned restaurants.
  • A management team in private equity, mezzanine, and senior debt financing for a management buy-out of book publisher and distributor.

Project Finance

  • A major independent oil and gas company in $350 million project financing to develop oil fields offshore Western Australia.
  • A consortium of engineering and construction firms regarding an engineering, procurement, and construction contract for an LNG terminal and port facility.
  • The owner of West African cellular telephone concessions in private equity, mezzanine, and senior debt financing to fund construction of a cellular telephone network.
  • A major independent oil and gas company in project financing with the IFC (World Bank Group) to fund development of oil fields in the Middle East.

Financial Derivative Transactions

  • A major independent oil and gas company regarding hedging transactions in support of its North Sea production contracts.
  • A major independent oil and gas company in acquiring approximately $110 million of financial derivative contracts involving seven counterparties and relating to international production.
  • A private equity fund partnership regarding hedging oil and gas production in support of acquisition financing regarding certain portfolio companies.
  • A major independent oil and gas company regarding liquidation of positions under an ISDA Master Agreement following the bankruptcy of its counterparty.
  • An NYSE-listed energy company in an $88 million private placement of notes secured by a pool of assets and financial derivative contracts.
  • A major independent oil and gas company in developing a policies and procedures manual for financial derivatives trading, including interest rate, foreign currency, and commodity swap transactions.

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Affiliations

State Bar of Texas, Member

Society of Petroleum Engineers, Member

Member, Board of Directors of Alico, Inc. (Nasdaq: ALCO), 2006-2013; Member, Audit Committee and Compensation Committee (Chairman 2010-2013)

Member, Board of Directors of Atlantic Blue Group, Inc., 2005-2012; Member, Appraisal Committee (Chairman 2005-2012); Member, Audit Committee; Member, Nominating & Corporate Governance Committee (Chairman 2005-2008)