K&L Gates’ Corporate, Acquisition, and Asset-Based Finance practice includes lawyers in offices across the United States, Europe, Asia, Australia and the Middle East who work on a wide array of financing transactions.
We advise lenders and borrowers on the full spectrum of secured and unsecured commercial lending transactions, including leveraged acquisition finance, asset-based and cash flow finance, and other corporate lending transactions.
We act across industries. We handle financings in almost every industry throughout the world, including commodities, energy, financial services, funds management, mining, manufacturing, distribution, healthcare, motorsports, professional services, media and telecommunications, transportation, and technology.
We act globally. We advise on multi-currency, cross-border borrower and guarantor, and cross-border collateral issues arising in multi-jurisdictional financings. As part of the largest fully integrated network of law offices and law partners of any global law firm, we draw regularly upon the comprehensive resources of the firm to address the full scope of related tax, regulatory, and other issues that arise in complex finance transactions across jurisdictions.
We advise on all aspects of the capital structure. We negotiate senior secured and unsecured syndicated, club, and bilateral credit facilities and asset-based loans. We also represent clients in mezzanine finance transactions that typically involve complex intercreditor and equity holder arrangements. We routinely assist clients with equity-linked return enhancements, including warrants, convertible notes, and direct equity co-investments. We deal regularly with complex intercreditor and equity holder arrangements in these transactions and offer clients a keen market awareness of differing standards and market trends for debt and lien subordination terms.
We work closely with lawyers in other Finance-related practices, including Corporate Debt Securities, Derivatives, Islamic Finance, Project Finance, Real Estate Finance, Restructuring & Insolvency, and Transportation Finance, depending on the nature of the transaction, the borrowing base, and the relevant industry.
We act for a diversity of clients:
- Our lender clients include banks and other financial institutions, private equity and debt funds, family offices, separately managed accounts, and other non-bank lenders in their capacities as arrangers, agents, and lenders. In our representation of lenders, we focus on structuring and documenting a transaction that protects the lender’s assets at risk in every manner possible or practicable. Our lawyers focus on covenant protection and events of default, as well as the rights and remedies of secured lenders in respect to many different types of tangible and intangible collateral. We review structures to ensure guarantors are properly inserted into the transaction structure. We document and negotiate equity co-investments, warrants, and convertible notes, addressing customary equity rights appropriate for the transaction.
- Our borrower clients include public and private companies throughout the life cycle of a company’s financing needs, private equity firms and their portfolio companies, and private investment funds and registered investment companies. We assist borrowers in understanding the myriad of issues involved in the extension of credit and the various structural alternatives available to them in structuring a transaction. We strive to optimize our clients’ legal rights to service their commercial objectives and to simplify, to the extent possible, their reporting and covenant compliance requirements. We strive to ensure the requirements of the credit documents do not impair clients’ abilities to perform and grow their businesses. Additionally, given our significant transactional experience, we help ensure clients obtain market-favorable terms.
Representing both borrowers and lenders allows our team to efficiently and effectively facilitate the negotiation process and stay abreast of current market trends.