Our attorneys regularly advise senior creditors and private equity partners on structuring acquisition loans, from public equity and note offerings to asset sales and private stock sales. We recognize that each situation involves unique legal and tax implications, from origin through a potential bankruptcy, and we understand the risks lenders face in financing management and leveraged buyouts where the loans are generally secured by the assets of the "target" company.
We provide advice during pre-commitment negotiations all the way through enforcement to help our clients avoid potential claims in a leveraged sale transaction, whether they arise under the U.S. Bankruptcy Code, state fraudulent conveyance, fraudulent transfer or other insolvency laws.
Our Banking & Financial Services Practice Team works closely with our corporate and tax attorneys in representing business borrowers on acquisition financing, and we have extensive knowledge in negotiating subordination and intercreditor agreements on behalf of senior and mezzanine lenders, as well as sellers providing subordinate financing.
Whether it’s a small business entering into its first acquisition or a large multinational institution, we assemble a team to provide the best and most cost-effective representation throughout the process – and in all related financing that follows.