Emerging Views®
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Debt Financing

Our Clients

Our financing attorneys represent commercial banks, direct lenders, corporate borrowers, private equity sponsors, portfolio companies, and individuals in debt financings and related corporate transactions.

Because our clients include lenders, borrowers, and sponsors we are fully conversant with financing transactions from all perspectives. This enables us to anticipate regulatory and documentary requirements, identify and quickly resolve problems, focus on business-critical issues, and efficiently draft and negotiate complex documents.  Our goal is to keep your financing transaction moving to a timely closing in a manner that reasonably protects you.

Our Experience

Our attorneys have deep experience in representing lender and borrower clients in domestic and international debt financings and related corporate transactions including:

  • acquisition and leveraged financings
  • single lender and syndicated financings
  • secured and unsecured financings
  • bridge financings
  • first and second lien and unitranche financings
  • mezzanine financings
  • asset-based loans
  • project financings and equipment leases
  • letters of credit
  • swaps and other hedges
  • structured and other specialized financings  

For Lenders: We Know What is Important

As a result of years of experience working with, and across the table from, lenders, our attorneys know what is important to lenders:

  • the ability to work effectively and cordially with borrowers and their counsel
  • the ability to analyze loan-related risks and structure arrangements that balance lender security with the borrower’s desire for flexibility
  • timely-produced clearly drafted documents that accurately capture agreed business terms
  • documents that are up-to-date and reflect changes in law, institutional guidelines and market practices
  • identification, creation and perfection of critical collateral
  • creativity in developing and documenting solutions to difficult issues
  • practical advice as to risks and benefits
  • understanding of market practices and familiarity with market professionals
  • commitment and availability to see a transaction through to a timely closing   

In addition, our attorneys have been involved with many types of corporate and commercial transactions, including asset and stock purchases, mergers, leveraged buy-outs, recapitalizations, and reorganizations and understand how to effectively integrate financings with these transactions.        

For Borrowers: We Act as Your Guide

Debt financings appear to be simple in concept.   However, especially for first-time or infrequent borrowers, they often turn out to be a mysterious process that is costly, complex and time-consuming involving, among other things:

  • identification of appropriate lenders
  • choices among various loan products
  • a confusing vocabulary of fees and rates
  • intensive diligence including identification and provision of required collateral
  • covenants and default provisions that may have negative effects on your business
  • compliance with onerous legal and regulatory requirements
  • comprehension of pages of detailed provisions

Our experienced and committed legal team will guide you in dealing with these issues.  We will advise and assist you in all phases of the transaction from structuring through reviewing and negotiating the documentation, and finally to closing.  Our focus will be helping you obtain your financing while keeping costs, unnecessary complexity, and time expenditures under control.

Once you close your financing, we will assist you with satisfying the requirements for additional borrowings and complying with ongoing reporting, notice and other requirements.  We also will help you determine whether other transactions you wish to undertake are permitted and thereby head off potential disputes with your lenders.  Where required, we guide you in obtaining amendments and waivers to revise covenants, restructure obligations, and obtain consents for desired transactions.

 


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