Donald E. Malecki

Donald E. Malecki

Since joining the firm in 1986, Donald E. Malecki has represented clients in a range of legal matters related to commercial transactions including commercial lending, real estate acquisition and finance, bankruptcy and general corporate matters.

Don's practice includes working with financial institutions in sophisticated and complex, commercial financing and leasing transactions and secured creditors in workouts, liquidation and bankruptcy matters. Additionally, Don advises clients in a range of industries, including coal mining, fuel distribution, construction, research laboratories and internet marketplaces.

Don's financing experience includes secured and unsecured lending, leveraged buy-outs, real estate, lending to the coal and oil and gas industries, sale/leaseback transactions, synthetic letters of credit, leasing and lease financing, syndicated transactions, project financing, ESOP financing, and general equipment and asset-based financing. In addition to financial transactions, Don advises clients in connection with mergers and acquisitions, coal supply agreements, coal leases, oil and gas private placements, coal mine development, private equity investments and intercreditor arrangements. The mining transactions have included mining operations throughout Appalachia, Texas, Illinois, Utah, Wyoming, Montana, Ohio, Alabama and the Dakotas and have involved both surface and deep mine projects.

The following is a list of recent representative transactions:

· $750 million secured revolving credit and synthetic letter of credit facility for a publicly held coal company (counsel to agents)

· $200 million revolving credit facility for a publicly held gas company (counsel to agent)

· $110 million secured revolving credit and term loan facility for a privately held eastern U.S. coal producer (counsel to agent)

· Represent coal mine company in connection with developing and financing several new coal mines in Southern West Virginia (counsel to mining company)

· $175 million revolver and term facility for a master limited partnership in the coal industry (counsel to agent)

· $140 million revolver and term loan facility for a publicly held coal company (counsel to agent and noteholders)

· $110 million term loan facility for a master limited partnership in the coal industry (counsel to agent)

· Equity acquisition of coal operator in Southern West Virginia (counsel to mining company)

· Sale/Leaseback financing of coal preparation plant (counsel to mining company)

· $50 million secured revolving credit facility to a privately held western U.S. coal producer (counsel to agent)

· $27 million secured revolving credit facility to a privately held Alabama coal producer (counsel to co-agents)

· Secured acquisition financing for a privately held Virginia coal operation (counsel to mezzanine lender)

· Secured acquisition and development financing for a privately held Kentucky coal operation (counsel to senior lender)

· Private placement for oil and gas drilling program in Louisiana (counsel to limited partnership)

· Secured financing of oil and gas development in Pennsylvania (counsel to lender)

· Financing of privately held biofuel facility in Maine (counsel to lender)

· Equipment financing by leasing company to coal operators (counsel to leasing company)

· Secured financing for oil and gas interests in Pennsylvania, New York and Illinois (counsel to lender)

Prior to practicing law, Don received a mining engineering degree from Penn State University and was a manager with Republic Steel Corporation in its Western Pennsylvania and West Virginia coal mining operations.

Affiliations

Allegheny County Bar Association

Pennsylvania Bar Association

American Bar Association