Structured & Other Financings
Our corporate transactions, finance and governance lawyers have repeatedly and successfully assisted clients in both public and private debt and equity restructurings. Working with our bankruptcy and restructuring lawyers, they assist in the analysis of the existing capital structure and the relative rights of the various constituencies, the negotiation of treatment of the creditors and equity holders in the plan of reorganization, and the design, documentation and implementation of new financing arrangements and debt and equity securities to be issued as part of the reorganized capital structure.
- One of our principal roles as co-counsel for the Enron creditors’ committee was the analysis of Enron’s most complicated and tortuous structured finance transactions. Our highly experienced structured finance and bankruptcy lawyers were successful in dissecting the transactions and negotiating settlements with structure investors that brought billions of dollars of additional recoveries to Enron’s creditors
- A recent notable example of our structured finance activity was the extensive participation of our corporate finance lawyers in the consummation of US$550 million of new senior debt financing and the exchange of US$700 million of new debt securities in various tranches in connection with the complete recapitalization of U-Haul’s parent company
- Our corporate lawyers are also actively involved in the planning, negotiation, documentation and closing of divestitures of non-core assets as part of the reorganization process, as is currently the case in our representation of EaglePicher in connection with the sale of its automotive supply divisions
Our corporate finance lawyers include practitioners with expertise in corporate securities transactions, partnerships, private activity municipal bond issuance and refinance, and all forms of corporate, commercial and asset-based finance.
Our scope of expertise includes venture capital financing, public and private offerings (both initial and secondary), mergers and acquisitions, negotiated foreclosures and UCC dispositions, franchising, leasing and leveraged leasing (including the sale/leaseback of major productive assets), project financing, structured finance transactions and the securitization of monetizing assets.
Clients of our corporate transactions, finance and governance practice include private issuers, public companies (including numerous companies that have successfully emerged from financial restructurings pursuant to Chapter 11 bankruptcy), major national and regional banks, national insurance companies and other institutional lenders, investment banks, venture capitalists, syndicators, franchisors and franchisees.