Y. Daphne Coelho-Adam
Counsel
New York
(212) 574-1233
Y. Daphne Coelho-Adam
Sections

Biography

Y. Daphne Coelho-Adam joined Seward & Kissel in 2001 and is counsel in the Global Banking and Corporate Trust practice.

Her practice focuses on representing financial institutions in connection with domestic and international debt financing transactions, including secured and unsecured credit facilities, private credit, broadly syndicated loan facilities, debtor-in-possession financings and exit facilities, and structured finance transactions. Daphne has extensive experience with complex lending and securities transactions involving both domestic and foreign collateral and intercreditor structures as well as restructuring transactions both in a judicial and non-judicial setting. In particular, she has represented trustees and securities administrators in connection with the exercise of repurchase provisions and enforcement rights in mortgage-backed securitization transactions and related litigation and has also represented agents, trustees, collateral agents, lenders, and other service providers in domestic and international default and workout situations, including experience working on some of the largest restructurings of complex structured finance transactions. She also regularly represents clients in connection with American and global depositary receipt programs, including establishing new programs, successor depositaries, restricted ADR issuances, and ongoing program administration matters.

Daphne also specializes in distressed investments in bank debt, bankruptcy trade claims,
distressed securities, and secondary market trades and regularly represents clients in both par and distressed secondary market transactions. Daphne also regularly represents banks, broker-dealers, hedge funds, investment advisers, and other entities in secondary market transactions related to both US and international assets. She advises clients with respect to various legal issues in the secondary market, including issues arising in connection with loan credit default swaps and total return swaps on bank loans. Daphne assists clients with the preparation, negotiation and review of the transaction documents, including due diligence review, and provides clients with advice and analysis on bank credit agreements, security documents, intercreditor arrangements, and other finance documents.

Daphne is Co-Chair of the National Association of Women Lawyer’s (NAWL) Financial Services
Affinity Group. Daphne is an active member of the Loan Syndication and Trading Association and the Loan Market Association, serving on the LSTA Trade Practices and Forms Committee and the LSTA Women’s Committee. Daphne also frequently serves on other committees and participates in working-groups involved in the preparation of market documentation. Daphne has also previously served on the Board of Directors of Children of Bellevue, a non-profit organization founded in 1949 to initiate, fund, and develop programs to improve the health and well-being of children at Bellevue Hospital and as a member of the Advisory Board of Animal Haven, a non-profit organization founded in 1967, which finds homes for abandoned cats and dogs throughout the Tri-State area and operates a shelter in Manhattan.

Capabilities

Credentials

Education

Vanderbilt University Law School

  • J.D., 2001

University of Virginia

  • B.A., 1998

Bar Admissions

  • New York

Representative Work

  • Represented Deutsche Bank as depositary bank for the sponsored American Depositary Receipt program of Radiopharm Theranostics Limited
  • Represented Deutsche Bank as depositary bank for the sponsored American Depositary Receipt program of DSM-Firmenich AG
  • Represented Deutsche Bank as depositary bank for the sponsored American Depositary Receipt program of Vection Technologies LTD

Publications

  • “Intercreditor Side Agreements in Unitracnhe Facilities: The Rise of Agreements Among Lenders,” The International Comparative Legal Guide to: Lending & Secured Finance (2026)
  • “Digital Dollars and Legal Dilemmas: Navigating Perfection and Control of Virtual Currency,” The International Comparative Legal Guide to: Lending & Secured Finance (2025)
  • “No Soup For You! Disqualified Lender Lists in Leveraged Loan Facilities,” The International Comparative Legal Guide to: Lending & Secured Finance (2024)
  • “Wat’s in a Name? That Which we Call a Loan by Any other Name is Still a Loan,” The International Comparative Legal Guide to: Lending & Secured Finance (2023)
  • “More Money, More Problems: Considerations for Perfection and Control of Virtual Currency,” The International Comparative Legal Guide to: Lending & Secured Finance (2023)
  • “LIBOR – The End is Near(er)?” The International Comparative Legal Guide to: Lending & Secured Finance (2021)
  • LSTA Market Advisories: LSTA’s “Case Law,” for Trading Podcast, Loan Syndications and Trading Association (2020)
  • “Countdown to 2021: The End of LIBOR and the Rise of SOFR,” The International Comparative Legal Guide to: Lending & Secured Finance (2020)
SUBSCRIBE TO UPDATES