Proskauer's Junior Capital Group is comprised of seasoned attorneys experienced and active in all aspects of the junior capital market. We represent a large number of mezzanine lenders, second lien lenders and other junior capital investors in various financing transactions. Our junior capital attorneys provide practical advice that leverages our industry knowledge and formidable tax, private equity and restructuring expertise. Each attorney is experienced in insolvency and intercreditor issues that are critical to all financing transactions.
For more information about this practice area, contact:
mezzanine,
second lien, junior capital, mezzanine loan, mezzanine finance, mezzanine financing,
mezzanine lender, mezzanine debt, mezzanine,
second lien, junior capital, mezzanine loan, mezzanine finance, mezzanine financing,
mezzanine lender, mezzanine debt, mezzanine,
second lien, junior capital, mezzanine loan, mezzanine finance, mezzanine financing,
mezzanine lender, mezzanine debt, subordinated debt, subordinated, subordination,
intercreditor, standstill, lien subordination, payment subordination, junior
debt, sub debt, subordinated debt, senior subordinated notes, warrants, equity
kicker, put right, tranche B, junior secured, last out, AHYDO, ECI, EBTI, OID,
prepayment, blockage period, primer, summary, issue
Industry Knowledge and Expertise
We represent the leading mezzanine and second
lien lenders (including limited partnerships,
hedge funds, CLOs/CDOs, business development companies,
SBICs and insurance companies), borrowers and
equity sponsors. Our attorneys are skilled in
all areas of the capital structure, including
both debt and equity, from the traditional subordinated
debt to junior subordinated notes, holdco notes,
second liens, last-out senior and all types of
preferred and common equity. Junior capital is
what we do; we know the market and we bring that
extra value to our clients' transactions.
Intercreditor and Restructuring Experience
Our Junior Capital Group attorneys have significant
restructuring and insolvency experience. This
experience is critical in negotiating the best
intercreditor terms for our clients. With the
rise of second lien and secured mezzanine deals,
intercreditor negotiations have become more complex.
Our attorneys know which issues matter and how
to properly draft the documents to protect our
clients. Our Junior Capital Group is also supported
by our Bankruptcy and Restructuring Group, which
includes over 20 attorneys, allowing us to provide
restructuring advice if the need arises.
Maximizing Returns and Minimizing Tax Consequences
Our attorneys are knowledgeable about the tax
ramifications of various structures. We work closely
with a dedicated team of tax attorneys to structure
around OID (Original Issue Discount), AHYDO (Applicable
High Yield Discount Obligation), UBTI (Unrelated
Business Taxable Income), ECI (Effectively Connected
Income) and other unintended tax consequences
that many other firms never even identify. We
have developed innovative structures to maximize
the economic returns for our clients.
Funds and Fund Formation
We work closely with our clients in their capital
raising activities. We have represented leading
institutions in structuring and launching their
funds. We advise general partners on overall fund
structure and terms; prepare organizational and
operating documents; and negotiate directly with
limited partners and other investors. Our broad
experience in fund formation allows us to advise
clients on the best and most appropriate market
terms.
Our Commitment to Service
We make it our business to know and understand
the competitive environment that our clients face.
Our attorneys are active, focused on the junior
capital market, and are frequent speakers at industry
conferences. We take pride in our ability to provide
fast, responsive and practical advice. We understand
that our clients have clients to serve too.
|