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Finance

Kaye Scholer's finance practice dates back to the early 1900s when the Firm's founder, Ben Kaye represented Chatham-Phoenix Bank. Today, almost nine decades later, Kaye Scholer's Finance Group includes approximately 50 lawyers skilled in a broad range of transactions, both domestic and international. MORE
Our roster of clients includes money center banks, foreign banks, regional banks, commercial finance companies, national insurance companies and other financial institutions. We also represent a long list of merchant banks, buyout funds and other corporate borrowers in debt financing transactions.

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.

 
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