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Education

American University, Washington College of Law, J.D., 1999, Magna Cum Laude

State University of New York at Albany, B.A., 1994, Cum Laude

Bar & Court Admissions

  • Minnesota 
  • New York
  • U.S. District Court Western District of New York
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Kelly Ann Toy is a member of the Financial Institutions and Real Estate section. Her practice focuses on finance matters representing both international and domestic lenders and borrowers in syndicated, leveraged, investment grade and asset based finance transactions. Kelly's experience includes industries such as food and agribusiness, energy and all types of manufacturing and distribution companies. She also has experience in restructuring problem loans on behalf of corporate clients and financial institutions, including debtor-in-possession finance. 

Kelly also represents national and international financial institutions in connection with acquisitions and divestitures of financial assets, including loan portfolios, servicing platforms and bank branches. Her recent transactions include the internal restructuring of an energy loan portfolio for a multinational financial services company and the divestiture of $0.5 billion in residential and commercial loans in connection with a bank asset sale. In addition, she represented a group of international and domestic banks in the largest branch sale in the United States.

Prior to joining the firm, Kelly was a commercial finance attorney at Buchanan, Ingersoll & Rooney in New York.  

Experience

Syndicated Transactions

  • Multiple investment grade revolving credit facilities, including to a publicly traded international transportation and supply chain management corporation, a publicly traded restaurant and food products company, an agricultural processing cooperative and a leading domestic sugar producer (counsel to agent)
  • Multiple revolving credit facilities to energy companies engaged in the exploration, development and production of oil and natural gas, coal and other energy sources (counsel to agent and borrower)
  • Revolving credit facility to a multistate provider of senior living services (counsel to borrower)
  • Revolving credit facility to publicly traded company in the aerospace and defense industry (counsel to borrower)
  • Revolving credit facility to medical device manufacturer for purposes of multiple acquisitions and expansion (counsel to borrower)
  • Revolving credit facility to a non-profit retirement home operator (counsel to agent)
  • Term loan facility for the establishment of an ESOP Trust by the borrower, together with a revolving credit facility to support expansion in Chile, Australia and Canada (counsel to agent)
  • Revolving credit facility to a company that structures and sells interests in investment portfolios comprised of low income housing tax credit and historic tax credit benefits (counsel to agent)

 Asset Based Lending

  • Revolving, term and equipment loans to a private equity sponsor for multiple acquisitions in the automobile supply industry (counsel to agent)
  • Multiple revolving credit and term loan facilities, including to a domestic building materials supplier, a wholesale food distributor, a beer brewing company, a baked goods manufacturer, a custom printer and sign manufacturer and a liquor warehouse and distribution company (counsel to lender)
  • Revolving credit facility to a multi-state grocery store cooperative (counsel to agent)
  • Revolving first lien credit facility to a privately held oil and gas exploration company (counsel to lender)

Restructuring and Workout:

  • Restructuring of revolving and multiple term loan facilities to a rural telecom provider (counsel to agent)
  • Restructuring of various first lien/second lien secured loans to a national environmental safety products distributor (counsel to lender) 

Professional Affiliations

New York State Bar Association