PHENOMENA, LLC

Leonardo Business Centre, 11th Floor

19-21 Bohdana Khmelnytskoho Street

Kyiv, 01030, Ukraine

Telephone: +380 (44) 359-0444

Fax: +380 (44) 359-0455

Email: office@phenomenalaw.com

ROMAN SHULYAR

ROMAN SHULYAR

Partner

Roman.Shulyar@phenomenalaw.com


Practice Overview

Roman Shulyar’s practice focuses on banking and finance, capital markets, currency control, debt restructuring, general corporate issues, insolvency, mergers and acquisitions, and securities.  Mr. Shulyar has a proven record of advising Ukrainian and foreign clients on various matters of Ukrainian law, structuring complex transactions and solving complicated legal issues.  Roman has more than 10 years’ experience of working with leading Ukrainian and international law firms including Phenomena, LLC, Chadbourne & Parke LLP, and Shevchenko Didkovskiy & Partners (rebranded to Asters in 2008).

The work led by Roman in banking and finance, and capital markets practice areas was highly recognized by authoritative legal rankings The Legal 500 and IFLR 1000.  In 2016, Roman was identified by Who’s Who Legal as being amongst the leading Ukrainian lawyers in mergers and acquisitions, and debt and equity.


Representative Matters

Banking and Finance / Capital Markets

  • Acted for lead managers and borrowers on several offerings of the loan participation notes of Ukrainian banks. In particular, advised Standard Bank plc and BNP Paribas on a US$100 million loan participation notes issue for the purpose of funding a loan to Bank Pivdennyi.
  • Advised Export-Import Bank of the United States (as guarantor) and Private Export Funding Corporation (PEFCO) (as lender) in connection with two export financing credits amounting up to US$80.8 million granted to one of the largest Ukrainian agricultural companies Public Joint Stock Company “Rise”.
  • Advised Amsterdam Trade Bank N.V. in relation to series of secured loan facilities for a total value of US$60.5 million granted to an international agro-industrial corporation having assets in Ukraine.
  • Acted as Ukrainian law counsel to a Dutch financial institution on a US$50 million financing provided to a major supplier/distributor of chemical and metallurgical products.
  • Advised Amsterdam Trade Bank N.V. in relation to provision of a US$50 million loan to a major Ukrainian state enterprise operating in the energy sector.
  • Represented Export-Import Bank of the United States (as guarantor) in connection with approximately US$22 million and US$25.8 million secured loans provided, respectively, by Private Export Funding Corporation (PEFCO) and Citibank, N.A. to Ukrainian major producer and exporter of iron ore pellets Ferrexpo Poltava Mining (Poltava GOK).
  • Acted for a syndicate of banks on a €60 million financing of the construction and development of a shopping centre in Odesa, Ukraine.
  • Acted for an international financial institution on a US$37 million financing of the development of a private cargo terminal in a Ukrainian sea port.
  • Advised a European bank on a US$36 million financing provided to a Russian coal mining company and secured by corporate suretyships from Ukrainian major businesses operating in energy sector.
  • Acted for Export-Import Bank of the United States (as guarantor) on approximately US$22 million financing provided by Private Export Funding Corporation (PEFCO) to Ferrexpo Yeristovo Mining (Yeristovo GOK).
  • Advised Amsterdam Trade Bank N.V. in connection with €10 million revolving loan granted to one of the leading Ukrainian oil traders.
  • Acted for Atrafin LLC, dba American Trade & Finance Co. on approximately US$8.3 million secured financing provided to Ukrainian agricultural company Public Joint Stock Company “Sharivske” (belongs to a group of companies “UkrAgroCom” and “Hermes-Trading”).
  • Represented Bank Hapoalim in connection with provision of a secured US$20 million loan to a Ukrainian bank.

Debt Restructuring / Insolvency

  • Advised a group of 28 international lenders (including EBRD, Cargill Financial Services International Inc., BNP Paribas, ING Belgium NV/SA, UniCredit Bank Austria AG et al.) in restructuring of approximately US$400 million international indebtedness of Kreditprombank.
  • Advised a Turkish client on various security-related issues in connection with possible default of a borrower being one of the leading Ukrainian companies in TMT area.
  • Advised a group of minority shareholders of one of the 10 biggest Ukrainian banks in connection with the temporary administration of the same bank.
  • Advised European bank on restructuring of US$50 million credit facility granted to an international chemical corporation having assets in Ukraine.
  • Acted as Ukrainian law counsel for Amsterdam Trade Bank N.V. in connection with restructuring of US$26.7 million credit facility provided to Singapore borrower operating in oil and gas sector and secured by mortgages, pledges and suretyships granted by Ukrainian security providers controlled by the borrower.
  • Advised Amsterdam Trade Bank N.V. on rescheduling of a repayment term under US$20 million loan agreement with a borrower being one of the largest Ukrainian manufacturers of metal parts for power industry, shipbuilding and metal industry.
  • Represented a Dutch-based lender in connection with restructuring of US$30 million financial indebtedness of a major steel products trader.

Mergers and Acquisitions

  • Acted as Ukrainian law counsel to foreign investors in connection with acquisition of Ukrainian banks: TAS-Kommerzbank, TAS-Investbank, Pravex-Bank and Ukrinbank.
  • Advised Gruma International Foods S.L., the largest manufacturer of corn flour in the world, on the acquisition of Altera LLC and Altera-2 LLC, the Ukrainian companies producing and trading in corn products.
  • Acted as Ukrainian law counsel to a major international beverage company in connection with contemplated acquisition of a Ukrainian juice producer, Sandora LLC.
  • Advised major international brewery in connection with proposed acquisition of Ukrainian brewery group.
  • Advised potential foreign buyers on acquisition of two Ukrainian telecommunication companies.

Dispute Resolution

  • Worked on an expert report submitted to the High Court of Justice (England and Wales) in connection with a dispute between shareholders of a Ukrainian joint-stock company over the title to shares.
  • Advised group of shareholders of French investment fund in a dispute related to the title to corporate rights and real estate under Ukrainian law.
  • Worked on an expert report submitted to the High Court of Justice Queen’s Bench Division Commercial Court in London in connection with HSBC (Trustee) Ltd v. Nadra Bank dispute.
  • Advised Overseas Private Investment Corporation in connection with its long-standing dispute with the Government of Ukraine related to OPIC payment in 1999 of a political risk insurance claim to Alliant Techsystems, Inc., a sponsor of a project in Ukraine.

Education

Kyiv International University, B.A., with honours, 2005

Kyiv International University, Master of Law, with honours, 2007


Languages

English
Ukrainian
Russian