Kalyan Das

Kalyan “Kal” Das focuses on global bank and institutional finance, structured finance, project finance, asset securitization, distressed debt and claims trading, business transactions, energy finance restructuring, and corporate finance. He has experience representing various types of clients including domestic and international banks, private equity firms, hedge funds, investors, trustees, servicers, and other institutions in domestic and cross-border financing transactions. Kal’s work spans multiple industries, giving him a broad perspective and understanding of the legal challenges and opportunities that his clients face.

Within the realm of structured finance, Kal has worked on asset-backed and mortgage-backed securities transactions, asset-based lending, fintech financing, supply chain and trade financing, whole loan financing, and leveraged loan financing. He has also represented clients in domestic and international banking transactions, project finance, capital markets, distressed debt trading, second lien financing, institutional finance, private placements, and private equity deals. Additionally, Kal has experience with CLOs (collateralized loan obligations), ADR/GDR (American Depository Receipts/Global Depository Receipts), and corporate trust transactions including loan agencies.

Kal frequently represents clients in cross-border M&A transactions involving U.S., Europe, Middle East, and Asia. Additionally, Kal has also worked on the financing side of these M&A and project finance transactions.

Kal’s legal practice further includes representing trustees, administrative agents, servicers, master servicers, trust administrators, collateral agents, hedge fund administrators, and other service providers in asset-backed and mortgage-backed transactions. Moreover, he has deep experience in restructuring and workouts involving asset-backed and mortgage-backed transactions as well as corporate bankruptcies. Some notable restructurings or workouts Kal has worked on include Kenbourne Invest S.A., Intercement, Cazoo, Julio & Sons, Mallinckrodt Pharmaceuticals, Endo International plc, GMAC/ResCap, Energy Future Holdings Corp., MF Global Holdings Ltd., Caesars Entertainment Operating Company Inc., Arch Coal Inc., Firstenergy Solutions Corp., Nine West Holdings Inc., Proserv Global Inc., ACIS CLO restructuring, Ditech Holding Corporation, PDVSA/Venezuelan debt, Stabfund (USA) Inc. and Comcar.

In addition to his legal practice, Kal is dedicated to professional development and community involvement. He serves as a member of the Board of Directors and former vice president of the New York University Law School Alumni Association (LAA) and member and former chair of the Nominating Committee of the LAA. Kal is also on the Advisory Board of the International House Association. Furthermore, he is a member of the Board of Trustees of Skidmore College in Saratoga Springs, New York.

Recognition & Leadership

Awards & Accolades

•Listed, Super Lawyers magazine, New York Metro Super Lawyers, 2006-2010, 2012-2023
•Listed, Marquis Who’s Who
•Recipient, Albert Nelson Lifetime Achievement Award, 2017
•Who’s Who in American Law
•Who’s Who in America
•Who’s Who in the East
•Who’s Who in Finance and Industry
•Who’s Who in the World
•Who’s Who of Emerging Leaders in America

of the ACIC and was on the Board of Trustees of ACIC until 2007. He has also conducted numerous in-house training seminars for banks and financial institutions.

Kal is listed in the New York Super Lawyers 2006 - 2010 editions as one of the top banking attorneys in New York. He is also listed in Marquis Who's Who in American Law, Who's Who in America, Who's Who in the East, Who's Who in Finance and Industry, Who's Who in the World and Who's Who of Emerging Leaders in America.

Kal is admitted to practice law in New York, the United Kingdom, Australia and India.

Kal received a Barrister-at-Law degree from The Lincoln's Inn in 1979 and an LL.M. from New York University School of Law in 1989.

News

June 1, 2012, 15 Seward & Kissel lawyers are recommended in The Legal 500 United States 2012's editorial.

May 24, 2012, Seward & Kissel LLP serves as counsel to certain financial institutions appointed to the official creditors' committee for the Residential Capital, LLC chapter 11 cases.
Kalyan ("Kal") Das, M. William Munno, Ronald L. Cohen, John R. Ashmead and Andrew S. Silverstein, partners of the firm, and Arlene R. Alves, counsel to the firm, are engaged in the representations.

April 2012, Business Transactions Group - Recent Achievements

November 7, 2011, Partners Kalyan ("Kal") Das and John Ashmead, and Counsel Arlene Alves are representing Wilmington Trust, N.A. as a member of the Committee of Unsecured Creditors in the MF Global Bankruptcy.

October 25, 2010, Partner Kal Das is profiled and the Firm is mentioned in an interview by LawDragon Legal News.
The profile discusses Mr. Das' and the Firm's representation of financial services companies.

September 21, 2010, Seward and Kissel attorneys are listed in Superlawyers 2010 for New York-Metro.
Partners John Ashmead, Dale Christensen, Ron Cima, John Cleary, Kal Das, Mark Hyland, Michael McNamara, Bruce Paulsen, Larry Rutkowski, John Ryan, John Tavss, Rob Van Grover, Gary Wolfe, and Senior Counsel Peter Pront are included.

October 4, 2009, Dale Christensen, Jr., Ronald Cima, John Cleary, Kalyan Das, Mark Hyland, Michael J. McNamara, Bruce G. Paulsen, Peter Pront, Lawrence Rutkowski, S. John Ryan, John Tavss, Robert B. Van Grover and Gary J. Wolfe were included in Super Lawyers 2009.

March 2009, Partners Kal Das, Greg Cioffi and Andrew Silverstein are quoted and the Firm is mentioned in a Turnarounds & Workouts article entitled "Victoria Restructuring Successful: Precedent Set for Other Asset-Backed Securitizations," by Julie Schaeffer.
The article discusses one example of a successful SIV restructuring, and what that implies for future restructurings.

February 9, 2009, Partners Kalyan Das, Andrew Silverstein and Jeff Silverstein were involved in the transactions related to the refinancing of the Orinoco oil projects, the deal that won Latin Lawyer's Deal of the Year award in the Restructuring Category.

January 21, 2009, Seward & Kissel is mentioned in a Financial Times article entitled "LyondellBasell's European bond holders split on default declaration; CDS holders buy bonds to accelerate."

January 1, 2009, In the January/February 2009 edition of "Super Lawyers: Corporate Counsel Edition"
Kal Das was named in the 'Administrative Law' section; Lawrence Rutkowski was named in the 'Bonds/Government Finance' section; and John Tavss, Robert Van Grover and Gary Wolfe were all named in the 'Securities & Corporate Finance' section.

December 8, 2008, Partners Greg Cioffi and Kal Das were quoted and the firm was mentioned in a Debtwire article on Victoria Finance's restructuring of the SIV.

September 25, 2008, Ten S&K Partners Selected in the New York Super Lawyers 2008, Metro Edition as 10 of the Top Attorneys in the New York Metro Area.

June 1, 2008, Partners Kal Das and Greg Cioffi and associate Renee Eubanks give advice on whether a bank loan should be traded as distressed in an article entitled "Distressed or Not? Market Environment Complicates Debt Evaluations."

September 14, 2007, Kal Das is quoted in the MarketWatch article entitled "Subprime Fallout Will Claim More Lenders: Lawyer."

September 2007, Kalyan Das, Lawrence Rutkowski, Eugene P. Souther, John E. Tavss, Gary J. Wolfe, Dale C. Christensen, Jr., Mark J. Hyland, Michael J. McNamara, Bruce G. Paulsen, S. John Ryan, and Robert B. Van Grover were included in Super Lawyers 2007.

September, 2006, Kalyan Das, Lawrence Rutkowski, Eugene P. Souther, John E. Tavss, Gary J. Wolfe were included in Super Lawyers 2006.

2006, Chambers Global 2006 listed Seward & Kissel among the leading firms for "Asset Finance" globally.

Publications

March 13, 2012, Business Transactions Group 2011 Year in Review

Fall 2011, Distressed Debt Report - Fall 2011

June 24, 2011, Supreme Court Narrowly Construes Rule 10b-5, Limits Securities Fraud Suits

May 1, 2011, Distressed Debt Report Spring 2011

January 13, 2011, Paying That Debt Off Early May be Costly
Treatment of Debt Prepayment Limitations in Solvent Debtor Chapter 11 Cases
John Ashmead, Ronald Cohen

November 29, 2010, Associate Gregg Bateman authored an article entitled "Nothing Strange About STOLI" which was featured on November 29, 2010 in Law360.
The article discussed the impact of the recent New York Court of Appeals case of Kramer v. Lockwood Pension Services Inc. on future STOLI cases.
Gregg Bateman

November 10, 2010, Client Alert: Seventh Circuit Rules That A Securitization Trustee May Be Held Liable in a Fraudulent Conveyance Action.

October 1, 2010, Distressed Debt Report October 2010

August 9, 2010, Client Alert: Lessons from the LyondellBasell Rights Offering

July 26, 2010, Client Alert: SEC Staff Report Recommends Amending Definition of "Security" to Include Life Settlements

July 26, 2010, Client Alert: Rule 436(g) Repeal and Response of the Securities and Exchange Commission

June 2, 2010, Client Alert: SEC Regulation Changes Regarding Rating Agencies

May 26, 2010, Client Alert Regarding Reports the FAA Ceased Its Registration of Non-Citizen Owner Trusts

May 21, 2010, Client Alert on New SEC Rules

April 6, 2010, Client Alert on the Effect of Health Care Reform on the Student Loan Industry

January 1, 2010, Winter 2010 Distressed Debt Report

January 2010, Business Transactions Group - 2009 Year in Review

August 13, 2009, Client Alert: Further Regulation for Credit Rating Agencies in the Pipeline

July 20, 2009, Seward & Kissel LLP memorandum regarding ISDA restructuring supplement and "Small Bang" protocol.

May 28, 2009, Corporate Trust Alert Regarding Indenture Reporting Covenants

May 4, 2009, Seward & Kissel LLP Memorandum Regarding the FASB's Advice on Mark-to-Market Accounting Standards and Promise for Harmonization with the IASB

March 11, 2009, Seward & Kissel LLP Client Alert Regarding the Debate on Main Street Versus Wall Street

March 6, 2009, Seward & Kissel LLP Memorandum Regarding the Term Asset-Backed Securities Loan Facility

February 25, 2009, Seward & Kissel LLP Client Alert Regarding The Homeowner Affordability and Stability Plan: Potential Benefits and Costs

February 5, 2009, Seward & Kissel Client Alert Regarding Victoria Finance's SIV Restructuring Mainly Through Vertical Slices

January 26, 2009, Corporate Trust Alert Regarding Renewed Efforts to Extend Assignee Liability to Mortgage Purchasers

December 31, 2008, Seward & Kissel TALF Task Force: Federal Reserve Board Announces Revised Terms and Conditions to the Term Asset-Backed Securities Loan Facility

October 7, 2008, Client Alert regarding the concerns raised by the litigation involving Abu Dhabi Commercial Bank and Morgan Stanley & Co.

September 15, 2008, Bankruptcy Alert regarding prime broker liquidation proceeding under SIPA.

September 9, 2008, Corporate Trust Alert Re: Protecting Indenture Trustees' Contingent.

April 1, 2003, Structured Finance Report, Spring 2003/Volume 1 Update
Derick Betts, Mark Brody, Greg Cioffi, Paul Clark, Ronald Cohen, Kalyan Das, James Hancock, Craig Hickernell,Robert Lustrin, Anthony Nuland, Hadley Roe, Lawrence Rutkowski, Andrew Silverstein, Jeffrey Silverstein, Robert Walder, Gary Wolfe, Kathleen Clarke

April 1, 2003, Structured Finance Report, Spring 2003/Volume 1
Derick Betts, Mark Brody, Greg Cioffi, Paul Clark, Ronald Cohen, Kalyan Das, James Hancock, Craig Hickernell,Robert Lustrin, Anthony Nuland, Hadley Roe, Lawrence Rutkowski, Andrew Silverstein, Jeffrey Silverstein, Robert Walder, Gary Wolfe, Kathleen Clarke

· Commercial Paper Conduits and CDOs Under Assault From FIN 46

· Sarbanes-Oxley Act

· Final Tax Shelter Rules

· Case Study: Conseco Bankruptcy Proceedings Create Additional Uncertainty in the Securitization Market

· The Impact of FIN 46 on the Application of Rule 2A-7 of the Investment Company Act

· Heads Up: Relation Back of Precautionary Filings Made Under the UCC

· Recent Noteworthy Transactions

Events

June 29, 2011, Partner Kal Das spoke on matters involving structured finance and restructuring of such transactions in both the United Kingdom and the United States at the U.S. Bank Corporate Trust Services - Default Group meeting which was held on Wednesday, June 29th, in Miami, Florida.

October 17, 2011, Partner Kalyan ("Kal") Das spoke on the MBS and ABS Structured Finance Products Update on Monday, October 17, 2011 at the American Bankers Association Meeting in Washington D.C. at The Mayflower Renaissance Hotel.

October 16 - 18, 2011, Partners Kalyan ("Kal") Das, Andrew Silverstein and Sharan Calay were in attendance at the 2011 ABS East Conference.
The Conference was held at the Fontainebleau Hotel in Miami Beach, Florida from October 16th through October 18th.

January 22 - 25, 2012, Seward & Kissel LLP was a sponsor at the American Securitization Forum annual industry conference.
The 2012 ASF conference was held at the ARIA Hotel in Las Vegas, Nevada from January 22nd through January 25th. In addition, Partner Andrew Silverstein was a participant in the Trustee Roundtable, which was held at 9:00am (PST) on Wednesday, January 25th in the Pinyon Ballroom 8.

Experience

Kalyan Das - Summary of Experience
Kal has worked on a number of major financing transactions and workouts. His deal experience includes representing banks and financial institutions in some of the largest asset-backed transactions, commercial and residential mortgaged-backed transactions, structured investment vehicles and leveraged loan financings, including project finance. Kal's workout experience includes working on some of the largest workouts including Enron, GMAC/ResCap, IndyMac, American Home Mortgage Corporation, Aegis, HomeBanc, Adelphia, Guangdong Enterprises Group, WorldCom and numerous other workouts to date.

Adversary Proceeding in Adelphia Bankruptcy - Adelphia Communication Corporation, et al., Case No. 02-41729 (REG) Jointly Administered Case No. 02-41729 (REG) Jointly Administered
Successfully represented trustee for the holders of over $5 billion dollars in senior notes in a subordination dispute with holders of junior notes in the context of the Adelphia bankruptcy.