As a result, the scope of our practice
covers many areas:
- secured and unsecured loans
- domestic and international loan syndications
- acquisition financing
- asset securitization and structured finance
- asset-based financing
- loans workouts and debt restructuring
- interest rate and currency swaps and other derivative products
- leveraged leasing
- project and aircraft financing
- recapitalizations
Leveraged Finance
Kaye Scholer's Leveraged Finance Practice counts among its clients
major financial institutions and borrowers worldwide. We represent our
clients in a broad array of transactions, ranging from the most
intricate and complex financings to more traditional transactions. We
are involved in all aspects of structuring, negotiating and
documenting matters for our clients and we collaborate with lawyers
throughout the firm to address the corporate, securities, tax and other
issues that arise in these transactions. The matters on which we work
frequently involve multi-tier capital structures, including
first/second lien debt, high yield debt, privately placed mezzanine
debt and preferred equity issuances. We have the skill and experience
to identify and negotiate the intercreditor and subordination issues
that arise in these structures, taking into account relevant credit and
market considerations.
Structured Finance
Kaye Scholer is widely recognized as a leader in asset securitization
and structured finance. The Structured Finance Group brings together a
team of lawyers with extensive experience not only in asset
securitization transactions but also in the related fields of
bankruptcy, tax, public offerings, regulatory matters, real estate, and
certain specialized industries. Our lawyers represent clients in all
aspects of securitization and related capital market transactions,
including structuring and documenting transactions, creating
multi-seller conduits and special purpose vehicles, obtaining ratings,
representing providers of liquidity and credit enhancement, and
representing issuers, underwriters and investors. Our work includes
transactions in the United States as well as cross-border transactions,
and has involved derivative products and other complicated ancillary
arrangements such as interest rate and currency swaps. We have
extensive experience working with the rating agencies.
Debtor-In-Possession Financing and Creditors' Rights Matters
We represent individual creditors and creditor groups of all kinds,
including agents and bank groups in syndicated credit facilities,
secured and unsecured noteholders, creditors' committees and examiners
and other fiduciaries. We work with these clients in matters involving
loan workouts, debt restructurings, debtor-in-possession financings and
the enforcement of creditors' rights generally. We have experience
working with debtors in a wide range of industries, including energy,
entertainment, health care, manufacturing, mass torts, retail,
technology and transportation. And we understand how to approach
complex, cross-border insolvencies and the types of issues that
creditors face when dealing in foreign jurisdictions.
Project Finance and Equipment Leasing
We are experienced in project finance, equipment leasing transactions,
and leasing workouts both from the business, as well as the legal
perspectives. We have completed large lease and alternative energy and
cogeneration project financings on behalf of many large institutional
investors and developers. Our experience in equipment leasing includes
numerous traditional aircraft, ship, container, rolling stock and other
transportation equipment lease transactions, utilizing leveraged,
single investor, "true" tax advantaged and off-balance sheet,
non-tax-advantaged structures.
Real Estate Finance
We regularly represent some of the country's largest financial institutions, institutional investors and developers in a wide-range of sophisticated finance transactions, including collateralized mortgage financing and construction and permanent facilities for hotels, office buildings, shopping centers, casinos, and residential properties.