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Dr. Thomas de la Motte

Partner
Rechtsanwalt

CMS Hasche Sigle
Stadthausbrücke 1-3
20355 Hamburg
Germany
Languages German, English, French

Thomas de la Motte is a highly respected finance expert. He advises banks, companies and investors on all legal aspects of finance transactions. His focus is on real estate and asset finance (namely ship, aircraft and rail finance). Furthermore, he advises on acquisition finance, project finance for infrastructure projects (wind / solar parks) and general corporate finance. In addition to his know-how in respect of general commercial lending Thomas has a particular expertise for alternative finance methods such as leasing, factoring and securitisations. Clients furthermore regularly seek Thomas’ advice in the context of distressed loans, loan syndications, refinancings and the restructuring of financial transactions. He has special expertise in the maritime and the energy trading sector.

Thomas started his legal career with CMS in 1999 and has been a partner since 2005. He was seconded to a large energy company in 2003 and in the same year as well as in 2006, he supported the legal department of a German Bank, initially at its London branch and then at the bank’s head office in Hamburg.

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Listed for Banking and Finance

Deutschlands beste Anwälte 2023 – Handelsblatt in Kooperation mit Best Lawyers

"Recommended"

The Legal 500 EMEA, 2015

"Interviewees describe new entry into the rankings Thomas de la Motte as ‘very strong in shipping finance.’"

Chambers Europe, 2014

Relevant experience

  • (RWE) DEA AG | Advising the client a German oil company as target of a USD multi-billion "Reserves Based Lending" acquisition financing (Volume: USD multi-billion)
  • Deutsche Bank AG und HSH Nordbank AG | Advising the banks as security agent and facility agent, respectively in connection with the conclusion of a "Syndicated Revolving Credit Facility Umbrella Agreement" for Bominflot-Group with borrowers and guarantors in twelve jurisdictions around the world (Volume: EUR 205 Million)
  • German bank | Advising the bank in connection with the financing of the acquisition of two Dutch real estate portfolios by a German real estate investment fund (Volume: EUR 160 million)
  • Two German banks | Assisting the banks in connection with the restructuring of the financing of a fleet of four tankers of a German ship owner (Volume: USD 111 million)
  • German Shipowner | Advising a the client on a sale and lease back transaction with a Chinese bank regarding three 13,600 TEU container vessels (Volume: USD 318 million)
  • German bank | Advising the bank in connection with the financing of a fleet of thirteen heavy lift vessels (Volume USD 91.7 Million)
  • German leasing company | Assisting the client in connection with the negotiation of (i) framework agreements regarding the purchase of lease receivables and (ii) framework loan agreements regarding the interim financing of the acquisition of the leased items for two of its subsidiaries (Volume: EUR 229 million)
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Memberships & Roles

  • Deutscher Verein für Internationales Seerecht e.V. (DVIS), i.e. the German association for international maritime law, which is the German partner of Comité Maritime International (CMI)
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Education

  • 1998: PhD; thesis on "Effects of the ISM Code on Maritime Liability Law“
  • 1996 - 1999: Trainee lawyer in Hamburg
  • 1991 - 1996: Law studies in Tuebingen, Hamburg and San Francisco (Hastings College of the Law)
  • 1987 - 1990: Training as Industriekaufmann (industrial business management assistant) and Betriebswirt (management & business administration) at Wirtschaftsakademie Hamburg
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Feed

18/04/2024
Real estate finance law in Germany
A. Mortgages 1. Can Security be granted to a foreign lender? Yes. In general, there are no restrictions on the ownership of land or the taking and enforcing of security rights by a foreign party. 2...
16/04/2024
CMS advises on the financing for oil logistics company Unitank
Hamburg – Unitank group, an international service provider for petroleum products and operator of six large oil tanks at five locations in Germany and abroad, has entered into a facilities agreement with a total volume of EUR 157 million to refinance an existing financing. The lenders include Helaba Landesbank Hessen-Thürin­gen, National Australia Bank Limited and Scotiabank.A CMS team lead by the partners Dr Marc Riede and Dr Thomas de la Motte provided comprehensive legal advice to the banking consortium on the drafting and negotiation of the financing documentation involving several jurisdictions. Glas SAS and Global Loan Agency Services GmbH acted as security agent or facility agent respectively. The financial advisor in the transaction was Rothschild & Co. CMS Germany Dr Marc Riede, Lead Partner Dr Thomas de la Motte, Lead Partner Nicolai Bischof, Senior Associate Kai Lüdiger, Associate Marcel Müller, Associate, all Banking & Finance CMS Belgium Benoît Vandervelde, Partner Florence Berchem, Associate, both Banking & Finance CMS Luxembourg Vivian Walry, Part­ner Char­lotte Demeuldre, Counsel Suzanne Chibane, Managing Associate, all Banking & Finance CMS UK Hugo Coetzee, Partner Oliver Brown, both Banking & FinancePress Con­tact presse@cms-hs. com
28/02/2024
CMS advises Bruker on the multi-jur­is­dic­tion­al acquisition of ELITech,...
Frankfurt/Main – Bruker has agreed to acquire ELITechGroup, a provider of specialty in vitro diagnostic (IVD) systems, from TecFin S.à r.l., a controlled affiliate of PAI Partners, a pre-eminent private equity firm, for EUR 870 million in cash, excluding the carved out ELITech clinical chemistry business. The transaction is expected to close in the second quarter of 2024, subject to regulatory approvals and other customary closing conditions.A team of CMS Germany headed by lead partner Dr Hendrik Hirsch acted as lead transaction counsel on this landmark transaction for Bruker's MDx business covering all M&A aspects of the transaction, IVDR and other regulatory aspects, antitrust and FDI filings, the carve out of the clinical chemistry business and support on the employee consultation processes in France and the Netherlands. ELITechGroup, with over 500 employees and over 40 active patents, develops and commercializes innovative, proprietary molecular diagnostic (MDx) systems and assays, as well as niche biomedical systems and microbiology products. Its molecular diagnostic business accounts for the majority of the to-be-acquired revenues and provides the unique sample-to-answer (S2A) instruments InGenius® and Be-Genius® in the mid-to-high throughput MDx category with PCR diagnostic assays for infections and diseases. ELITechGroup, excluding the clinical chemistry business, achieved approximately EUR 150 million in revenues in 2023. ELITechGroup generates the majority of its revenues from Europe, with significant business also in North and Latin America. Its major R&D and production sites are in Italy, the United States, France and Germany. CMS Germany Dr Hendrik Hirsch, Partner, Co-Lead Dr Jacob Siebert, Partner, Co-Lead Dr Dirk Baukholt, Principal Counsel Dr Berrit Roth-Mingram, Counsel Dr Maximilian Stark, Senior Associate, all Corporate/M&A Dr Roland Wiring, Partner Lukas Burgdorff, Associate Noah Rodenkirchen, Associate, all Regulatory & Lifesciences Dr Thomas Hirse, Part­ner Se­basti­an Vautz, Senior Associate Lisa Dietrich, Associate, all IP Dr Michael Bauer, Partner Stefan Lehr, Partner Kai Neuhaus, Partner Moritz Pottek, Counsel Dr. Denis Schlimpert, Counsel Kirsten Baubkus-Gerard, Senior Associate David Rappenglück, As­so­ci­ate Be­ne­dikt Christian Voss, Associate, all Antitrust, Competition & Trade Dr Thomas de la Motte, Partner Dr Markus Pfaff, Partner Dr André Frischemeier, Partner Hatice Aykel, Counsel Alisa Brehm, Senior Associate Thomas Schaak, Senior Associate Dr Sait Dogan, Associate, all Banking & Finance  Dr André Lippert, Part­ner Con­stan­ze Schweidtmann, Associate, both Real Estate & Public Dr Boris Alles, Partner Dr Theresa Kipp, Senior Associate, both Labor, Employment & Pensions CMS France Benoît Gomel, Partner Vincent Desbenoit, Associate Dylan Allali, all Corporate/M&A Caroline Froger-Michon, Partner Aurélie Parchet, As­so­ci­ate Ca­m­ille Baumgarten, Associate Sophie Yin, all Em­ploy­ment Claire Vannini, Partner Eleni Moraïtou, Coun­sel Lilia-Ori­ana Dif, Associate Ariane Rolin, all Competition & EU  Jean-Bap­tiste Thiénot, Partner Anaïs Arnal, Associate, both Intellectual Property Laurine Mayer, Associate, TMC Alexandre Chazot, Counsel, Banking & Fin­ance  Thi­erry Granier, Partner Renaud Grob, Partner, both Tax Arnaud Valverde, Senior Associate, Real Estate Olivier Kuhn, Partner Cécile Rebiffé, Counsel Mylène Garrouste, all Dispute Res­ol­u­tion Kawthar Ben Khelil, Coun­sel Jean-Pierre Malili, Associate, both Public law/In­fra­struc­ture CMS Italy Massimo Trentino, Partner, Corporate/M&A Maria Letizia Patania, Partner, Lifescience & Healthcare Gian Marco Lettieri, Senior Associate, Employment & Pensions Giulio Poggioli, Counsel Valerio Giuseppe Daniele, As­so­ci­ate Francesca Durante, Junior As­so­ci­ate  Arianna Toccaceli, Junior Associate, all Banking & Finance CMS Luxembourg Gérard Maitrejean, Partner Miruna Poenaru, Coun­sel Max­imili­an Helfgen, Associate, all Corporate/M&A CMS UK Jack Letson, Partner Lindsay McAllister, Associate, both Corporate/M&A David Dennis, Partner, Commercial CMS Netherlands Pieter van Duijvenvoorde, Partner Robert Jong, both Corporate/M&A Nigel Henssen Fleur van Assendelft de Coningh, both Employment Edmon Oude Elferink, Partner Marijke van der Vossen, both Antitrust, Competition & Trade CMS Serbia Radivoje Petrikić, Partner Mila Drljević, both Corporate/M&A CMS Austria Dieter Zandler, Partner Vanessa Horaceck, both Competition & EU CMS Ukraine Maria Orlyk, Partner Diana Valyeyeva CMS Turkiye Döne Yalçın, Partner Arcan Kemahlı,  Sa­ba­hat­tin Öztemiz Taner ElmasPress Con­tact presse@cms-hs. com
03/11/2022
CMS advises shareholders M.M.Warburg & CO and LKH on sale of Warburg Hy­po­thek­en­bank...
Frankfurt/Main – The shareholders of M.M. Warburg & CO Hypothekenbank AG, namely M.M. Warburg & CO (AG & Co.) KGaA (60%) and Landeskranken­hil­fe V.V.a.G. (40%), have sold all their shares in Warburg...
02/07/2021
CMS advises Bundesrepublik Deutschland – Finanzagentur GmbH again on stabilisation...
Hamburg – The MV-Werften Group can continue its business operations after receiving a comprehensive stabilisation package. Following the EUR 193 million bridging loan granted in October 2020 and repaid...
15/04/2021
CMS Maritime Overview
Against the backdrop of an incredibly challenging year for the global maritime industry this publication from our CMS Shipping team examines a number of key aspects of the shipping industry pushed into...
08/12/2020
CMS successfully advises Nynas Group on cross-border restructuring
Stuttgart– The Swedish oil manufacturer Nynas AB has successfully concluded its restructuring measures. On 30 November 2020 Södertörn Local Court confirmed a settlement proposal resolved by the creditors'...
12/10/2020
CMS advises Bundesrepublik Deutschland – Finanzagentur GmbH on stabilisation...
Hamburg – The MV-WERFTEN Group has secured a substantial bridging loan to keep the shipyard in operation until March 2021. The Group received a EUR 193 million loan from the Economic Stabilisation Fund...
07/02/2019
CMS advises Federal State of Lower Saxony on capital strengthening and...
Hamburg – Following a bidding process lasting several months and attracting interest from both the private and public sector, the state government of Lower Saxony has decided to continue negotiations...
03/01/2019
CMS advises crude oil and natural gas group DEA on its divestment of its...
Hamburg – DEA Deutsche Erdoel AG has sold three underground natural gas storage facilities operating in southern Bavaria to NAFTA Bavaria GmbH. The buyer is a subsidiary of Slovak NAFTA a.s., a company...
09/01/2018
CMS advises Essberger on acquisition of Crystal Nordic
Hamburg – Long-established shipping company John T. Essberger has acquired Crystal Nordic, a Denmark-based operator of 14 chemical tankers. The vendors are Nordic Tankers and Embarcadero Maritime.A...
10/08/2015
Germany: Risks associated with foreign currency loans