Simone Tatsch

Representative Matters

Asset Securitization / Fintech and Marketplace Lending

• Represented Goldman Sachs Bank USA, as administrative agent, lender and arranger in two multi-billion dollar syndicated warehouse facilities relating to GreenSky assets in connection with the sale of GreenSky by Goldman.
• Represented an investment bank, as seller, servicer, administrative agent, lender and arranger in various multi-billion dollar sale and servicing agreements and related warehouse facilities in connection with the sale of the unsecured consumer loan portfolio of such investment bank.
• Represented a foreign bank, as administrative agent and lender, in a $100 million senior secured warehouse lending facility relating to home improvement loans.
• Represented an investment bank, as purchaser, in a $300 million master participation agreement relating to underlying warehouse facilities on various asset classes.
• Represented an investment bank, as lender and administrative agent, in a $500 million senior secured warehouse lending facility collateralized by domestic and foreign underlying warehouse facilities on various asset classes.
• Represented an investment bank, as lender and agent, in a $600 million warehouse financing with a mezzanine component to finance the acquisition of iBuyer residential homes.
• Represented an investment bank, as lender and agent, in a $325 million senior secured warehouse lending facility related to solar loans.
• Represented an investment bank, as lender and agent, in a $100 million senior secured warehouse lending facility related to unsecured consumer loans.
• Represented an investment bank, as lender and agent, in a $270 million senior secured revolving loan with a mezzanine component related to installment consumer loans.
• Represented a bank, as lender and agent, in a $200 million senior secured warehouse revolving facility to finance the acquisition of home improvement loans.
• Represented an investment bank, as lender and agent, in a $200 million senior secured revolving loan related to rent-to-own single-family homes originated by a fintech platform.
• Represented an investment bank, as lender and agent, in a $300 million senior secured revolving loan related to single-family rental homes.
• Represented an investment bank, as lender and agent, in a $500 million senior secured revolving loan collateralized by a special unit of beneficial interests (SUBI) in a titling trust acquiring real estate properties.
• Represented an investment bank, as lender and agent, in a $100 million senior secured marketplace lending facility related to installment consumer loans.

Banking and Financial Services / Commercial Lending

• Represented Clairvest Group Inc., Clairvest Equity Partners VI, and Rubico Gaming LLC in a financing of the Delaware Park casino and racetrack in Wilmington, Delaware.
• Represented a private equity fund, as lender and arranger, in a $12 million senior secured term loan facility related to the acquisition and financing of a medical receivables company.
• Represented a private equity fund, as lender and arranger, in a $50 million senior secured revolving and term loan facility related to Canadian and US accounts receivable/factoring financing.
• Represented a private equity company, as buyer and borrower, in a $370 million project finance senior secured term and revolving loans related to the construction of a casino.
• Represented a private equity fund, as lender, in a $30 million senior secured term loan related to medical liens and pre-settlement claims.
• Represented a private equity investment fund, as lender and agent, in a $50 million senior secured term loan related to litigation financing.
• Represented a bank, as agent and lender, in a $275 million secured term loan acquisition financing facility.
• Represented a hedge fund, as lender and lead arranger, in a $450 million project finance transaction.

Simone's prior experience includes the representation of clients in these matters:

• Supervised all Microsoft intellectual property cases in Brazil, managing twenty-two outside counsel.
• Represented a Brazilian political party before the Brazilian Supreme Court and obtained a unanimous preliminary injunction suspending the application of two state statutes as per Brazilian constitutional procedure. The claim (Ação Direta de Inconstitucionalidade) challenged the constitutionality of two state statutes that prohibited governmental organizations and agencies from acquiring software other than through open source software license.
• Assisted in the representation of an international producer and marketer of food, agricultural, financial and industrial products and services before the Brazilian antitrust authorities (CADE) and represented the client before a state court in a case brought by a competitor seeking multimillion-dollar indemnification from such producer based on its refusal to deal with the competitor.
  
  

Memberships

Ordem dos Advogados do Brasil

Languages

Portuguese

Admitted

New York

Education

Columbia University School of Law, LL.M., 2007

University of Sao Paulo, Ph.D, Trade Regulation, 2005

Federal University of Rio Grande do Sul, J.D., magna cum laude, 1999

Publications

• Co-Author, "For Lenders – Navigating Main Street Loan Considerations," Client Alert. July 7, 2020
• Co-Author, "Companies Are Using Covenants to Restructure Their Capital Structure and Prime Existing Debt — What Lenders and Debt Investors Need to Know," Harvard Law School Bankruptcy Roundtable. March 14, 2017
• Co-Author, "Companies Are Using Covenants to Restructure Their Capital Structure and Prime Existing Debt — What Lenders and Debt Investors Need to Know," ACIC Private Notes. March 2017
• Co-Author, "What You Need to Know about 'Unrestricted Covenants'," Law360. February 14, 2017
• Co-Author, "Leveraged Lending Guidelines, New Debt Structures and Pitfalls in Bankruptcy," AIRA Journal. Vol. 30 No. 2, 2016
• Co-Author, "Recent Challenges to Credit Bidding — A New Trend?," Pratt's Journal of Bankruptcy Law, July/August 2014