Andriy Nikiforov


Counsel

+38 044 394 9040

Andriy Nikiforov

Counsel
+38 044 394 9040

 

Office

Gulliver Business Center
1-А Sportyvna sq., 16th Floor
01601, Kyiv
Ukraine

Map and directions

Andriy Nikiforov is a Counsel in the Kyiv office and the head of the local Banking, Finance & Capital Markets and Restructuring & Insolvency practices.

His primary focus is on capital markets, finance, restructuring, banking regulatory, as well as M&A, real estate, energy, infrastructure, and TMT related matters.


Sources report that he is a 'very bright and talented' practitioner, with one interviewee appreciating that he 'often brings a new perspective to the question at hand'.

Chambers Europe, 2019

RECENT ENGAGEMENTS INCLUDE ADVISING

Banking & Finance

  • DEG, a subsidiary of KfW Bank, on a USD 20 million secured credit facility to Astarta, a top-5 Ukrainian agricultural business
  • FMS WERTMANAGEMENT AöR, a German federal institution established for winding up of risk positions of Hypo Real Estate Holding, on the sale of a USD 140 million loan secured by commercial properties and other assets in Ukraine
  • DEG, a subsidiary of KfW Bank, on providing a USD 20 million credit facility to Nibulon, a major Ukrainian agricultural, logistics and ship building business, secured in particular by vessels mortgage
  • ARCELORMITTAL KRYVYI RIH, Ukraine’s largest steel mill, on a USD 350 million credit facility provided by EBRD and a syndicate of commercial banks
  • METINVEST B.V., the largest Ukrainian mining and steel production business, on the restructuring of its bank debt (including four PXF facilities arranged by Deutsche Bank) in an aggregate outstanding amount of USD 1 billion*

Capital Markets

  • VIMPELCOM on the Ukrainian law matters related to the USD 1.2 billion notes issuance by VimpelCom’s Egyptian business, Global Telecom Holding S.A.E.*
  • METINVEST B.V., the largest Ukrainian mining and steel production business, on the issuance of USD 1,197,232,106 FRN due 2021 listed on the Irish Stock Exchange*
  • METINVEST B.V. on the update of its USD 1.5 billion Guaranteed MTN Programme, issuance of USD 290 million 10.50% Guaranteed Amortizing Notes due 2017 listed on the Irish Stock Exchange under the Programme, and exchange offer in respect of its outstanding USD 500 million 10.25% Guaranteed Notes due 2015*
  • UKRSIBBANK, the Ukrainian subsidiary of BNP Paribas, on the establishment of its USD 2 billion MTN Programme and the issuance of USD 250 million 9.25% Loan Participation Notes listed on the London Stock Exchange under the Programme*

Restructuring & Insolvency

  • STATE PROPERTY FUND OF UKRAINE on the restructuring of a multimillion debt of Odesa Port Plant to precede its privatisation
  • A SHAREHOLDER OF A MAJOR UKRAINIAN STEEL PRODUCTION GROUP on its spin off, including share transfers, applying for creditor waivers, bridge financing, reprofiling of existing loans as well as debt and security transfers and releases
  • METINVEST B.V., the largest Ukrainian mining and steel production business, on the restructuring of its Eurobonds and bank loan facilities (including four PXF facilities arranged by Deutsche Bank) in an aggregate outstanding amount exceeding USD 2.3 billion*
  • DTEK, a major Ukrainian energy distribution and production group, on the restructuring of a EUR 245 million secured loan from Landesbank Berlin*
  • A SIGNIFICANT UKRAINIAN REAL ESTATE BUSINESS on the restructuring of its USD 55 million loan extended by the UniCredit banks*

Infrastructure & Projects

  • WORLD BANK and IFC on a feasibility study exploring various options of financing a major public transportation project in Kyiv
  • QTERMINALS, as a concessionaire, on entering into a 35-year concession agreement in relation to a major Ukrainian sea port, Olvia
  • UKRAINIAN SOLAR ENERGY BUSINESS on a EUR 10 million project financing by EBRD
  • IFU, a Danish state investment fund, on a EUR 5.75 million secured project financing to Kness Group, a major Ukrainian RES investor and EPC contractor, for the construction of three solar farms

Energy & Natural Resources

  • UKRAINIAN SOLAR ENERGY BUSINESS on a EUR 10 million project financing by EBRD
  • A MAJOR US BANK on derivatives, financing and energy matters related to a major wind farm project in Ukraine, Eurocape Ukraine I, financed by OPIC and other lenders
  • IFU, a Danish state investment fund, on a EUR 5.75 million secured project financing to Kness Group, a major Ukrainian RES investor and EPC contractor, for the construction of three solar farms
  • THE SUPERVISORY BOARD OF NAFTOGAZ OF UKRAINE, Ukraine’s largest state-owned oil and gas company, on various finance matters, including entering into new loan facilities by Naftogaz for an aggregate principal amount exceeding USD 4 billion

Technology, Media & Telecommunications (TMT)

  • A US PHARMACEUTICALS COMPANY on various data protection matters related to clinical trials in Ukraine
  • A SOCIAL MEDIA CORPORATION on various matters related to financial services, advertising, e-commerce, OTT media and data protection regulation in Ukraine
  • A GLOBAL FINTECH COMPANY on various data protection and regulatory matters related to its Ukrainian business
  • A LEADING PRODUCER OF HOME APPLIANCES in connection with Ukrainian law assessment of an IoT project
  • A LEADING IMAGING COMPANY on matters related to the export and import of software from/to Ukraine with an encryption functionality, including the software object and source codes

*Experience prior to joining Kinstellar.

EDUCATION

  • 2015 – 2016: University of California, USA, Berkeley School of Law, LL.M.
  • 2003 – 2005: Taras Shevchenko National University of Kyiv, Ukraine, Faculty of Law, Master’s Degree in Law
  • 1999 – 2003: Taras Shevchenko National University of Kyiv, Ukraine, Faculty of Law, Bachelor’s Degree in Law

PROFESSIONAL AFFILIATION

Chair of the Banking, Finance and Insurance Committee of the Ukrainian Bar Association (2018-2021)

LANGUAGES

Ukrainian, Russian, English

PUBLICATIONS

  • ICOs: right recipe and healthy ingredients, Mind.ua, 2017
  • Nationalization of PrivatBank and prospects of upcoming sovereign Eurobonds, Yuridicheskaya Practika, 2017
  • New procedure for conversion of debt into capital of joint stock companies, Yuridicheskaya Practika, 2017
  • Cutting the Gordian knot: Eurobond LPN-structures and new rules of taxation, Forbes Ukraine, 2017
  • New debt restructuring law in Ukraine to upgrade the parties pre-insolvency toolkits, CGSH Emerging Markets Restructuring Journal, 2016
  • Why entering into e-contracts is not just clicking and tapping, Legal Newspaper, 2016
  • Are the fines under the Financial Restructuring Law a proper tool to discipline the parties?, Yuridicheskaya Practika, 2016
  • Capital controls: impact on some major Ukrainian deals, YurLiga, 2016
  • Testing Deeper Waters: interview on recent Ukrainian debt restructurings and upcoming Ukrainian legislation on creditor arrangements, Ukrainian Journal of Business Law, 2016

 

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