Alston & Bird’s Private Credit Team represents a wide range of nonbank credit providers, including private debt funds, business development corporations (BDCs), small business investment corporations (SBICs), hedge funds, mezzanine funds, and insurance companies, in a variety of debt origination and investment transactions.
Such transactions include:
- The structuring, negotiation, and documentation of various multitranche debt positions, including unitranche financings.
- Alston & Bird attorneys are well-versed in the following products:
- First- and second-lien loans
- Stretch first-lien debt
- Unsecured and secured mezzanine loans
- Cross lien financings
- Synthetic mezzanine positions such as unitranche and last-out positions
- Holdco financings
- Equity kickers associated with these debt instruments, such as warrants and co-investment rights
These transactions include the negotiation and documentation of complex arrangements for the distribution of repayment risk, including subordination and intercreditor agreements and agreements among lenders (AALs).
- The negotiation and documentation of the purchase and sale of loans, claims, securities, and other investments, including during primary syndication, in the secondary loan market, in a distressed context, and any such purchases and sales on a portfolio basis.
During the diligence process and in structuring and documenting transactions, our Private Credit Team works closely with Alston & Bird’s Tax, Bankruptcy & Financial Restructuring, Employee Benefits, and Environmental teams to minimize investment risk and optimize your position.