Cleary Gottlieb represented the initial purchasers in a Rule 144A offering of $400 million aggregate principal amount of Convertible Senior Notes due 2013 by LDK Solar Co., Ltd. Morgan Stanley, UBS Investment Bank and JPMorgan acted as joint book-running managers for the offering, and Needham & Company, LLC, Cowen and Company and Lazard Capital Markets were co-managers.
Cleary Gottlieb also represented affiliates of the joint book-running managers in related derivatives transactions entered into to facilitate the offering of the notes, including $200 million of pre-paid forward share repurchase contracts with LDK Solar and a Rule 144/Rule 10b5-1 share sales plan and related prepaid forward contracts with an affiliate of LDK Solar. The offering closed on April 15.
LDK is a leading manufacturer of multicrystalline solar wafers, which are the principal raw material used to produce solar cells. LDK sells multicrystalline wafers globally to manufacturers of photovoltaic products, including solar cells and solar modules. LDK is based in Xinyu City, Jiangxi Province, China and its ADSs are listed on the New York Stock Exchange. Cleary Gottlieb was also underwriters’ counsel in LDK’s initial public offering and NYSE listing in June 2007.