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Debt Financing

We combine a sophisticated understanding of finance and a practical approach.

Clients appreciate our Banking and Finance practice because of our combination of a broad range of market experience, the understanding of our clients’ objectives, and a practical approach to issues as they arise. Our Banking and Finance practice has deep legal experience, a sophisticated understanding of finance, solid business acumen, and a practical approach to negotiating in order to attain the most advantageous financing structures and solutions for our clients.  We work closely with the firm’s M&A, private equity, restructuring, tax and other practices to provide integrated services and to facilitate the smooth consummation of transactions.

Our Banking and Finance practice helps both lenders and borrowers achieve their financing goals. Our clients typically include private equity sponsors and their portfolio companies in connection with acquisition financing, refinancings, amendments, restatements and restructurings of loan facilities and debt securities. Our clients also include fund and private equity lenders and public and private companies.  Our broad range of capabilities includes:

  • Acquisition finance
  • Cash flow and asset-based lending
  • Secured and unsecured credit facilities and debt securities
  • Unitranche financings
  • First and second lien facilities
  • Split-lien credit facilities

The practice also routinely collaborates with lawyers involved in capital markets transactions, such as syndicated loans, mezzanine and high-yield representations, and bridge financings.  Our Banking and Finance practice also has extensive experience in syndicated loan facilities, Term B loans, leveraged loans, high yield debt securities, recapitalizations, convertible debt finance, mezzanine loans, bridge financing and debt commitment letters, representing sponsors, borrowers, issuers, lenders, agents, arrangers and initial purchasers.

Representative Transactions:

  • Represented a private equity sponsor and the borrower and the guarantor under a senior secured credit facility, consisting of a $28 million term loan and a $3 million revolver, to provide acquisition financing and a working capital facility
  • Represented a private equity sponsor and the borrower and the guarantor under a senior secured credit facility, consisting of an $18.5 million term loan and a $10 million revolver, to provide acquisition financing and a working capital facility
  • Represented a company in the soft drink manufacturing industry and its subsidiaries as the borrowers and the guarantors under a $200 million revolving credit facility, with up to $100 million of incremental commitments
  • Represented a premier real estate investment banking company and its affiliates as the borrower and the guarantors under a $30 million revolving credit facility
  • Represented a real estate crowdfunding platform and its subsidiary as the borrower and the guarantor under a senior secured credit facility in connection with amendments providing for, respectively, up to $16 million of incremental term loans and a $15 million incremental term loan
  • Represented a public company and its subsidiaries as the borrower and the guarantors (i) under a secured note purchase agreement to provide $68 million of financing, (ii) under a securing financing and security agreement to provide a $15 million line asset-based line of credit and (iii) in connection with an intercreditor agreement that provides a first-priority lien on the ABL assets and a second-priority lien on the non-ABL assets in favor of the lender under the line of credit and a second-priority lien on the ABL Assets and a first-prior lien on the non-ABL assets in favor of the agent under the note purchase agreement
  • Represented a private equity sponsor and the borrowers and the guarantors under senior secured credit facilities, consisting of an $18.5 million term loan facility and a $10 million asset-based revolving credit facility to provide acquisition financing and a working capital facility
  • Represented a private equity sponsor and the borrowers and the guarantor under a senior secured credit facility, consisting of a $23 million term loan and a $5 million revolver, to provide acquisition financing and a working capital facility
  • Represented a private equity sponsor and the borrowers and the guarantor under a senior secured credit facility, consisting of a $10 million term loan and a $3 million revolver, to provide acquisition financing and a working capital facility

Case Study

Non-Compete & Trade Secrets

Non-Compete Claims

As part of its strategy to enter a new geographical market, our client, one of the world’s largest insurance brokers, hired a group of employees in that market from another of the world’s largest insurance brokers.

The Situation

As part of its strategy to enter a new geographical market, our client, one of the world’s largest insurance brokers, hired a group of employees in that market from another of the world’s largest insurance brokers.  One of the new hires became the President of our client’s affiliate in that market.  Shortly thereafter, the former employer initiated an action in Michigan state court against our brokerage client and its affiliate’s President, whom we also represented.  Plaintiff alleged that the new President misappropriated confidential information and was soliciting plaintiff’s clients and employees in breach of her employment agreement’s restrictive covenants, allegedly with her new employer’s encouragement and assistance.

Months later, during the course of discovery, two of plaintiff’s corporate clients transferred their health and benefits insurance business from plaintiff to our brokerage client.  Plaintiff filed an emergency motion for a Temporary Restraining Order and Preliminary Injunction.  In its motion, plaintiff sought to enjoin our clients not only from soliciting, accepting, and servicing business from plaintiff’s current or prospective clients, but also from servicing the two clients that had already moved their business.

The Solution

In the span of a little more than a week, the GEABP team drafted a 20-page opposition brief and secured three supporting affidavits, two of which were provided by the non-parties who had transferred their business from plaintiff to our brokerage client.  When plaintiff submitted an untimely and improper reply brief less than 48 hours before the hearing, we – less than 24 hours later – submitted opposition in response to that brief as well.

The Result

The preliminary injunction hearing was held remotely via Zoom.  After hearing oral argument, the judge gave his ruling from the bench, adopting all of our key arguments and denying plaintiff’s motion for injunctive relief in its entirety.  The case settled shortly thereafter.