Joel R. Hogarth

Partner

Joel R. Hogarth is a Partner in O'Melveny's Singapore office.

Joel is an English and New York qualified lawyer focusing on acquisitions and structured investments into emerging markets.  He has represented investment funds, financial institutions, and corporate groups on high profile Asian transactions since 2001.

Joel focuses on mergers and acquisitions and private equity, with a strong grounding in special situations and distressed situations. He employs an extensive knowledge of equity and debt investment techniques, including preference shares, hybrid instruments, convertible debt, mezzanine, and high-yield financing to efficiently structure offshore investments into emerging markets.

Illustrative Professional Experience

• Venture capital and multi-tranched mezzanine investment into an Indonesian cinema megaplex.
• Structured private equity and mezzanine investment into an Indian business process outsourcing company.
• Sale of a private equity stake in a major Indonesian corporate group.
• Mandatory convertible debenture issuance by an Indian real estate development company.
• Structured private equity and debt financing investments into a number of Indonesian coal concessions.
• Multi-jurisdictional biodiesel joint venture between a Singapore listed company, a Malaysian CPO producer and a Texas energy fund.
• Cumulative compulsorily convertible preference share (CCCPS) issuance by an Indian engineering services company.
• High yield bond issuance to finance the construction of a Jakarta serviced apartment and retail complex.
• Mezzanine investment into a Malaysian delivery services company.
• Leveraged buyout of an Indonesian coal barging operation.
• Distressed investment into a Thai chemicals company.
• Acquisition financing of an Indonesian financial institution.
• Work-out advice on a distressed Philippines power investment.
• Private equity and mezzanine financing of a Singapore-Indonesian undersea cable development.
• Representation of Goldman Sachs Asia Special Situations Group and Citigroup Special Situations Group on the corporate restructuring of their investments in the Adaro group of operating companies in connection with the US$1.3bn public offering of PT Adaro Energy Tbk, the largest initial public offering in Indonesia to date.
• Development of Secured Transferable Risk Participations (STRiPs) for a leading Asian private equity fund, a custom financial instrument designed to facilitate tax efficient investments into Asian jurisdictions. The STRiPs were substantively secured economic participations in high yield and mezzanine debt instruments, which were successfully placed to a number of investment funds and leading investment banks in an inaugural US$200 million offering which closed in December 2007.
• The May 2007 restructuring of SingTel subsidiary, C2C, which operates a US$2 billion 17,000km undersea cable network linking North and Southeast Asia. The settlement comprised not only a restructuring of C2C’s indebtedness, which was purchased by distressed investment funds and converted to equity, but also an operational restructuring and multi-jurisdictional hand-over to the investment funds. The deal included an agreement to convert SingTel’s shareholder undertakings into long-term purchase commitments, to secure long-term revenues for C2C and long-term bandwidth supply for SingTel, as well as an equity upside in the new entity for SingTel.
• The US$6 billion restructuring of Asia Pulp and Paper Group’s Indonesian operations, which was successfully concluded in April 2005. The restructuring involved banks, bondholders, export credit agencies, investment funds and other financial institutions around the globe, exchange offers and tender offers for over US$3 billion of international bonds, and coordinating insolvency and litigation proceedings in a number of jurisdictions simultaneously. In separate but related proceedings, Mr Hogarth advised the Asia Pulp and Paper Group in restructuring the equity of the Indonesian operations in the first major Indonesian composition plan under the new Indonesian bankruptcy law.

Professional Activities

Languages, English, Indonesian