A One-Stop Solution

Business development companies (BDCs) and their sponsors require sophisticated, innovative and tailored solutions that are often unique to the industry.

Proskauer has been a key strategic partner in this growing and evolving industry for many years. Our interdisciplinary team comprises lawyers across our market-leading practices who have a deep and practical understanding of market terms and developments, regulatory compliance and solutions, and the intersection of private credit, capital raising and asset management that are critical to industry participants and potential entrants.

Our team regularly represents clients on all aspects of the formation, operation and regulation of public and private BDCs. Over the last 15 years, we have advised approximately two-thirds of all BDCs, their sponsors and platforms, underwriters or independent directors across a range of matters, including lending and financing arrangements, strategic and formation transactions, joint ventures, public and private equity and debt offerings, regulatory and corporate governance matters, and SEC exemptive relief and investigations. In the last five years, we also have been involved in the majority of all BDC IPOs.

We maintain key relationships with underwriters, bankers and valuation consultants who are critical to the industry. Our team also includes former SEC senior staff members from the Division of Investment Management, Division of Corporate Finance and Division of Enforcement (including its Asset Management Unit) who offer a unique perspective to help clients manage risk and handle regulatory issues.

Areas of Focus

  • Corporate Governance
  • Enforcement and Litigation
  • Executive Compensation
  • Joint Ventures
  • Leverage Facilities
  • Mergers and Acquisitions
  • Portfolio Transactions

 

  • Private Placements
  • Public Offerings
  • Regulatory and Compliance
  • Reorganizations
  • SEC Filings
  • Structuring and Organization
  • Tax and ERISA
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