Locke Lord has a large and sophisticated Debt Finance Practice that actively serves debt finance clients throughout the world from our U.S., European and Asian offices. We represent diversified global financial institutions, national, regional and local banks, insurance companies, investment funds, asset managers, and other regulated and non-regulated lenders. We also regularly represent private equity firms and their portfolio companies in M&A transactions, financings, recapitalizations and restructurings.
Our Debt Finance lawyers are actively engaged in national and international syndicated credit facilities (mid-cap, large-cap, and investment grade), mezzanine, second lien and “unitranche” financings, high-yield and convertible debt, asset based financings, DIP and exit financings, and tax-exempt financings of all kinds. We also have extensive experience with master limited partnership (MLP) financings, energy financings, structured financings, multi-currency financings, and highly leveraged transactions.
Our Debt Finance lawyers work in conjunction with our corporate, banking, energy, project finance and real estate lawyers to help manage every step of the complex acquisition financings and restructurings. We assist arrangers of large syndicated financings in structuring, negotiating, and documenting transactions, preparing information memoranda, and responding to due diligence and documentation requests. We also work closely with our restructuring and insolvency lawyers in connection with work-outs, collateral realization and collection matters, bankruptcies and debtor-in-possession and exit financings. When acting as borrower's counsel, we are able to provide invaluable advice because of our vast experience across the spectrum of syndicated deals.
Since the end of the most recent financial crisis, we have become increasingly active in representing companies in the rapidly expanding “shadow banking” industry, including non-bank financers, alternative asset managers, hedge funds, private equity-managed debt funds, Small Business Investment Companies (“SBICs”), and Business Development Companies (publicly traded and non-traded) (“BDCs”). We are experts in the regulatory environment that has accelerated the flow of capital into entities unregulated by banking authorities. We are also monitoring closely the regulatory and capital markets conditions affecting sources of liquidity for non-bank lenders to fund leveraged loans (e.g. risk retention rules affecting CLO formations, total return swaps, the “repo” market and capital markets conditions affecting BDCs). In addition, we are familiar with asset management models, including CLOs, co-managed funds, separately managed accounts, co-lending programs and sub-advisory arrangements.
Regardless of the type or size of the financing transaction, our lawyers emphasize client service including hands on partner involvement, responsiveness and efficient service delivery. We approach transactions in a collaborative manner. Our industry experience and comprehensive market knowledge allow us to provide our clients with efficient and innovative solutions, to recognize when those solutions require sophisticated legal structures, and, alternatively, when a simple answer is the better choice.