REPRESENTATIVE EXPERIENCE
Herbert’s experience includes the following recent transactions:
- Serving as underwriter’s counsel for J.P. Morgan Securities, Goldman, Sachs & Co. and Banc of America Securities LLC (and other co-managers) in a $1.3 million offering. The proceeds from the offering were used to pay off government debt and to fund capital expenditures.
- Representing Oglethorpe Power Corporation in an offering of $500 million of term bonds under Rule 144A of the Securities Act.
- Representing Oglethorpe Power Corporation in the offering of more than $248 million of tax-tempt pollution-control revenue bonds.
- Representing Goldman Sachs and Banc of America Securities LLC in the conversion of more than $71 million of auction-rate bonds to term-rate bonds in order to remove the original bonds from the auction-rate securities market.
- Representing Oglethorpe Power Corporation in the conversion of more than $315 million of auction-rate bonds, via two separate offerings, to term-rate bonds in order to remove the original bonds from the auction-rate securities market.
- Serving as underwriters’ counsel for Banc of America Securities LLC, J.P. Morgan Securities, Inc. and Goldman Sachs (and seven other co-managers). The proceeds from the $400 million offering were used to fund capital expenditures relating to the development and construction of new generation and transmission facilities in addition to other general corporate purposes.
- Serving as underwriters’ counsel for Goldman Sachs. Based on the turmoil in the auction-rate securities market in early 2008, Seminole Electric Cooperative converted more than $125 million of outstanding bonds in auction-rate mode to term-rate bonds.
- Representing Oglethorpe Power Corporation in the offering of more than $255 million tax-exempt pollution-control revenue bonds.
PROFESSIONAL HONORS AND AWARDS
- Recognized by Chambers USA: Guide to Leading Business Lawyers in the area of energy (2005–2010)
- Named to The Best Lawyers in America in the area of energy law (2010, 2011)
- Selected for inclusion in Georgia Super Lawyers® (2004–2006, 2010)
PROFESSIONAL AND COMMUNITY INVOLVEMENT
- Member, Corporation, Banking and Business Law and Public Utility Law Sections, and the Electric Cooperative Bar Association, American Bar Association
- Past Chair, Business Law Section, State Bar of Georgia
- Member, Business and Finance Section, Atlanta Bar Association
- Chair, Georgia Chamber of Commerce Red Carpet Tour, one of Georgia’s premier marketing and economic development initiatives (2005)
- Past Vice Chair of Economic Development, Georgia Chamber of Commerce (2006) and Former Member, Board of Directors, Georgia Chamber of Commerce (2001–2009)
- Former Trustee, Leadership Georgia