Richard S. Lincer is a partner based in the New York office.
Mr. Lincer’s practice focuses on corporate and financial matters, including international project financings and debt restructurings, corporate and asset acquisitions, joint ventures and high yield and leveraged finance transactions, as well as public and private offerings of corporate securities and investment funds. He is distinguished as one of the country’s leading lawyers by Chambers Global
, Chambers USA
, The Legal 500 U.S
., The Legal 500 Latin America
and IFLR 1000: The Guide to the World’s Leading Law Firms.
Mr. Lincer recently represented Aerostar Airport Holdings, a joint venture of Highstar Capital and Grupo Aeroportuario del Sureste, in a public-private partnership to operate the San Juan Luis Muñoz Marin International Airport, the first major U.S. airport to be run by a private operator under the FAA’s Pilot Privatization Program. His other project finance work includes advising Highstar Capital and its portfolio company Ports America Chesapeake in its more than $1 billion investment in the Seagirt Marine Terminal in the Port of Baltimore; AIG Highstar Capital in its acquisition of P&O Ports North America, which comprised the U.S. port operations of DP World, and the subsequent acquisitions of the marine terminal operator MTC Holdings and the Puerta Mexico intermodal terminal facility; Highstar Capital and its portfolio company Ports America in the refinancing of Ports America’s credit facilities into a single, unified capital structure comprising two credit facilities aggregating $850 million; and substantial work with cogeneration and other electrical power projects, infrastructure projects such as toll roads and ports, and various types of industrial facilities such as pulp and paper mills and methanol plants.
Mr. Lincer has been particularly active in the development of innovative structures for the financing of infrastructure projects in Latin America. Of special note is the work done by Mr. Lincer, as counsel for both sponsors and underwriters, in connection with the groundbreaking international capital markets financings for various Mexican and Chilean toll road projects. Mr. Lincer also served as counsel for the sponsors in connection with the project financing of the Caucedo container terminal in the Dominican Republic and the Callao container terminal in Peru.
Mr. Lincer regularly advises on financing aspects of mergers, acquisitions and other corporate transactions, including Stanley Black & Decker’s $1.4 billion sale of its Hardware & Home Improvement Group to Spectrum Brands Holdings; Google’s $2.35 billion sale of its Motorola Home Business to ARRIS Group; Northern Tier Energy’s purchase of Marathon Oil’s St. Paul Park, Minnesota refinery and related assets; Noble Group’s successful bid to purchase substantially all of the assets of SemFuel, a subsidiary of SemGroup, through a bankruptcy auction; Ahlstrom’s sale of its wipes fabrics to Suominen and previous acquisition of the nonwovens division of Dexter Corporation; LS Cable’s $1.2 billion acquisition of Superior Essex; Kindred Healthcare’s $1.3 billion acquisition of RehabCare; Istithmar World’s acquisition of the luxury specialty retailer Barneys New York; and the financing arrangements for the proposed acquisition of Qantas by a consortium of private equity firms, among other transactions.
Other significant transactions in which Mr. Lincer has played a leading role include: representing the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW) in its negotiations with General Motors Corporation, Ford Motor Company and Chrysler Corporation regarding funding arrangements for their retiree healthcare benefit obligations and in connection with the bankruptcies of General Motors and Chrysler; and the representation of Apex Silver Mines in its restructuring of the project debt and joint venture arrangements for its San Cristobal Mine in Bolivia.
Mr. Lincer was resident in the firm’s Hong Kong office in 1998 and 1999. Notable transactions in which Mr. Lincer was involved during that period included the restructuring of the foreign debt of the Daewoo companies (one of the largest private sector restructurings ever), the acquisition of a controlling interest in Korea First Bank by Newbridge Capital, the acquisition by an investment affiliate of the Goldman Sachs Group of an interest in Kookmin Bank, and note issues by Malaysia and by Petroliam Nasional Berhard ("PETRONAS"), the Malaysian national oil company.
Since his return to the New York office, Mr. Lincer has continued to play an active role in transactions involving Asian companies. He was a member of the Cleary Gottlieb team that advised SK Global in the restructuring of over $7 billion in debt. Mr. Lincer was also involved in the $3.3 billion sale of Korea First Bank by Newbridge Asia, the largest-ever foreign investment in South Korea, and he represented Sateri International in the project financing for the expansion of the pulp mill owned by its subsidiary, Bahia Pulp, in Brazil.
Mr. Lincer joined the firm in 1979 and became a partner in 1986. Prior to joining the firm, Mr. Lincer served as law clerk for the Honorable Eugene H. Nickerson of the U.S. District Court for the Eastern District of New York. Mr. Lincer received a J.D. degree in 1978 from Columbia Law School, where he was a Harlan Fiske Stone Scholar and a Notes and Comments Editor of the Columbia Law Review
. He received an undergraduate degree from Yale College in 1975.
Mr. Lincer is a member of the Bar in New York and is admitted to practice before the U.S. District Courts for the Northern, Southern and Eastern Districts of New York.
Mr. Lincer is also a member of the Board of Trustees of The Cooper Union for the Advancement of Science and Art.