PIERRE N. ABITBOL, Counsel
An attorney since 1981, Pierre graduated from the Faculté de Droit d'Assas in Paris where he also obtained a post-graduate degree in corporate law and taxation. Upon graduation from law school in France, he became associated with Lagarde & André and then the Law Office of Benoist André in Paris where he was engaged in general practice for three years. Pierre moved to New York in 1984 and received an LL.M. degree from New York University School of Law (in corporate law). Upon graduation, he became associated with Willkie Farr & Gallagher in New York where he specialized in mergers & acquisitions and corporate finance. In 1990, Pierre joined Milbank, Tweed, Hadley & McCloy in Tokyo where he specialized in cross-border leasing transactions, project finance, restructurings and mergers & acquisitions. He then founded his own firm in Tokyo prior to returning to New York in 1995. Pierre's practice focuses essentially on cross-border corporate transactions (M&A, joint ventures, real estate and financings) involving parties in Europe, the United States and Asia. In addition, he has developed significant expertise in all types of international commercial contracts, including technology transfers, license, manufacturing, distribution or endorsement contracts. He has also been representing clients in litigation and bankruptcy cases. Pierre speaks French, English and Japanese (level II) and is admitted to the bar in New York and in France.
Pierre is a principal in the firm of Abitbol & Cherry LLP and works closely with TRF on an Of Counsel basis.
- Represented Triumph Global Securities, Ltd., as broker dealer, in the financing of the acquisition by Streets Las Vegas L.L.C. of a long-term lease and development rights for a hotel and entertainment center in Las Vegas.
- Represented Triumph Global Securities, Ltd., as broker dealer, in the financing of the acquisition by NV One LLC of a batch of twelve parking garages in New York City.
- Represented Inseco, Inc. in connection with its joint venture agreement with General Cable Industries, Inc. and Delta Guc Sistemleri Sanayi ve Ticaret A.S.
- Represented Cognac Ferrand S.à.r.l. in connection with its joint venture agreement with Southern Wines & Spirits of America, Inc. and Crillon Importers, Ltd.
- Represented the principal shareholder of Cognac Ferrand S.à.r.l. in connection with the company's reorganization and the capital investments made by W.J. Deutsch & Sons Ltd., Kook Soon Dang Brewery Co. Ltd. and Aquarius Capital Development.
- Represented funds controlled by NorthStar Capital Partners LLC in connection with its financing of the proposed takeover of Société du Louvre.
- Represented entities controlled by B.U.S Berzelius Umwelt-Service AG in connection with the proposed acquisition of all of the assets of AllMet Technologies, Inc.
- Represented Transportation Displays, Inc. in connection with its proposed acquisition of Dauphin Office Technique d’Affichage.
- Represented J. Abouchar & Sons, Inc. in connection with the sale of substantially all of its assets to an affiliate of Davidson Cotton Company and North Carolina Embroidery, Inc.
- Represented Restaurant Concepts Y.K. in connection with its joint venture agreement with The Hiramatsu Group K.K.
- Represented FRED Joaillier S.A. in connection with its joint venture agreement with Hattori Seiko K.K.
- Represented senior lender and equity participant in the leveraged buyout of County Seat Stores, Inc. by affiliates of Donaldson, Lufkin & Jenrette Securities Corporation and members of management.
- Represented investor group in the reorganization in bankruptcy of and acquisition of a controlling interest in Zenith Laboratories, Inc.
- Represented dealer-manager, financial advisor to Emerson Electric Co. and purchaser of preferred stock in connection with the $400+ million joint tender offer by Emerson Electric Co. and Robert M. Bosch GmbH for Vermont American Corporation.
- Represented senior subordinated lender in the $200 million leveraged buyout of Apparel Marketing, Inc. by an affiliate of Shearson Lehman Hutton Inc. and members of management.
- Represented acquiror in the $200 million negotiated acquisition of LCI Communications, Inc. and its operating subsidiary, Litel Telecommunications, Inc., by an affiliate of E.M. Warburg, Pincus & Co., Inc.
- Represented dealer-manager, financial advisor, senior subordinated lender and equity participant in the tender offer by an affiliate of Paul A. Bilzerian for The Singer Company, and the related $1.1 billion tender offer financing and $1.325 billion permanent financing.
- Represented senior subordinated lender and equity participant (common and preferred stock) in the $600 million acquisition of Bath Iron Works Corporation by an affiliate of Gibbons, Green, van Amerongen. Represented the same in connection with additional financing and debt restructurings.
- Represented financial advisor, senior subordinated lender and warrant holder in the $107 million acquisition of Berol Corporation and its foreign subsidiaries by Empire Pencil Corporation. Represented senior subordinated lender and warrant holder in connection with the sale of Empire Berol Corporation to an affiliate of AEA Investors, Inc.
- Represented the buyer in the $97 million negotiated acquisition of RKO Century Warner Theaters, Inc. by Cineplex Odeon Corporation.
- Represented subordinated lender and equity participant in the $33 million acquisition of all the assets of Gilbert Engineering Co., Inc. by E.F. Hutton LBO Inc. and members of management.
- Dealer-manager's counsel in the exchange offer of shares of beneficial interest of Universal Health Realty Trust for Class B common stock and convertible subordinated debentures of Universal Health Services, Inc.
- Dealer-manager's counsel in the tender offer by a subsidiary of Fermenta AB for 51% of the shares of common stock of TechAmerica Group, Inc.
- Represented U.S. investor in its purchase of equity interest in an European LBO fund incorporated in Luxembourg and in the fund's subsequent investments.
- Represented Eiken Chemical Co., Ltd. in connection with the acquisition of a minority interest in Advanced Magnetics, Inc.
- Represented ORIX Corporation in connection with the C$12 million acquisition of the Douglas Fir Resort in Banff, Canada, by Mutsumi Corporation.
- Represented a consortium of Japanese companies led by Arabian Oil Company, Ltd. in connection with the acquisition of an oil-drilling platform from Shell Western E&P Inc.
- Bidder's counsel in unsuccessful hostile tender offer by Gurit-Heberlein GmbH for Essex Chemical Corporation.
- Bidder's counsel in unsuccessful auction bid by investor group led by Shearson Lehman Brothers Inc. for The Hertz Corporation.
- Bidder's counsel in unsuccessful auction bid by investor group led by Shearson Lehman Brothers Inc. for Beatrice International Food Company.
- Represented Penn A Kem LLC in connection with a $5 million credit and security agreement with Webster Business Credit Corporation.
- Represented Triumph Global Securities, Ltd. in connection with the proposed $105 million debt financing of the acquisition of 5 hotels by John Q. Hammons.
- Represented Triumph Global Securities, Ltd. in connection with the proposed issuance of Notes in the principal amount of $60 million by Centrix Consolidated, LLC.
- Represented MSSA SAS (formerly Métaux Spéciaux S.A.) and KBC Bank, Succursale Française in connection with the assignment of a loan and security agreement to Banc of America Securities Limited.
- Represented MSSA Company in connection with an account receivables line of credit by Banque Populaire des Alpes.
- Acted as a director and representative director of FRED Japan K.K. Represented FRED Joaillier S.A. in all aspects of its joint venture in Japan with Hattori Seiko Ltd., including the origination and arrangement of financing.
- Represented New York Stock Exchange member in connection with cash subordination agreement with a French financial institution.
- Represented STB Leasing Co., Ltd. in connection with the financing of U.S. real estate partnerships controlled by Dai-ichi Seimei Company.
- Represented Nichimen Corporation in connection with the financing of the acquisition of an MD-82 aircraft by United Aviation Services, and the subsequent restructuring of UAS' indebtedness.
- Represented Mitsui Leasing & Development Co., Ltd. in connection with the transfer of equity interest in a Boeing 747 aircraft leased to Quantas Airlines.
- Underwriters' counsel in connection with $60 million offering of 2,400,000 shares of convertible exchangeable preferred stock by Biogen, Inc.
- Issuer's counsel in the $836 million initial public offering of 41,800,000 shares of common stock by Commercial Credit Company.
- Underwriters' counsel in connection with $57+ million offering of 2,070,000 shares of common stock by Forest Laboratories, Inc.
- Issuer's counsel in connection with the $60 million offering of senior subordinated debentures.
- Issuer’s counsel in connection with the private placement of $3,000,000 shares of common stock.
- Represented funds managed by Alliance Capital Management Corporation in the $15 million purchase of senior subordinated notes and convertible exchangeable preferred stock of The Levinson Steel Company.
- Represented funds managed by Alliance Capital Management Corporation in the $7.5 million purchase of convertible subordinated debentures of Rivendell of America, Inc.
- Seller's counsel in connection with the $300 million placement of senior subordinated debentures.
- Represented Amour International Gold Mines Limited in its private placement in the United States of convertible securities evidencing interests in gold and silver mines located in Far East Russia.
- Represented The Export-Import Bank of Japan in connection with the financing of the construction of a chemical plant in Rhode Island by 'Toray' Plastics America Inc.
- Represented a consortium of Japanese trading companies led by Nissho Iwai Corporation in connection with the financing of petrochemical plants in Nigeria and related off-take arrangements.
- Represented Société Générale Securities Japon K.K. in connection with its tax reorganization.
