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In the rapidly expanding private credit marketplace, Seward & Kissel’s Private Credit Group provides sophisticated and comprehensive legal advice with respect to a variety of credit strategies, including direct lending, distressed investments, special situations, rescue financing, specialty financing, fund financing, asset-based finance, structured finance, CLOs and venture debt. Our clients include private credit funds, institutional and high net worth individuals, family offices, portfolio companies, borrowers and other market participants engaging in a broad range of private credit transactions, such as senior secured and unsecured facilities, mezzanine and subordinated facilities, unitranche loans, co-investments, asset-based loans, convertible debt financings, preferred equity and more.

The Private Credit Group works closely with the Firm’s industry-leading investment management practice – known for its prominence in forming private credit funds – to provide a unique value and foundation for the needs of investment managers across the entire life cycle of their private credit funds. The Private Credit Group also draws on the expertise of S&K’s lawyers across other disciplines – including corporate finance, regulatory, M&A, restructuring and bankruptcy, real estate and tax – to assist our clients in structuring and negotiating their private credit transactions. This integrated approach allows the group to use its extensive knowledge of the private credit market to counsel its clients on matters such as market standard deal terms, financing structures and legal and regulatory compliance issues.

The Private Credit Group has handled billions of dollars in credit transactions on behalf of sophisticated credit investors, borrowers, sponsors and arrangers, in a variety of industries, including financial services, e-commerce, technology, healthcare, real estate, consumer products, manufacturing, infrastructure, energy and transportation.

Representative Experience

Our representative experience includes:

  • Represented a $6.7 billion investment adviser as borrower with respect to a $50 million senior secured loan for the purpose of working capital.
  • Represented a capital and advisory services partner specializing in minority investments as the lender on a 30-year, $140 million convertible loan to an investment advisor.
  • Represented an asset management and wealth advisory firm as the borrower on a six-year, $125 million senior secured loan to fund the acquisition of minority stakes in asset managers.
  • Represented a global private debt fund as lender in connection with a $122 million global corporate refinancing for a NYSE-listed offshore energy company.
  • Represented a global investment company as the borrower on a six-year, $100 million senior secured loan to finance the purchase of assets in the trading and bank account management industry.
  • Represented a hedge fund specializing in mortgage-backed securities as the lender on a five-year, $94 million senior secured loan for the repurchase of a portion of the borrower’s own outstanding bonds.
  • Represented a long-term debt and equity investor as the lender on a $60 million reverse factoring facility.
  • Represented a U.S.-based not-for-profit environmental organization as the borrower on a 10-year, $60 million senior secured loan provided by a global investment management firm for working capital purposes.
  • Represented a global risk information and services platform as the borrower on a five-year, $37.5 million senior secured loan to finance the purchase of assets in the security and risk management industry.
  • Represented an equine-focused information and membership services company as the borrower on a five-year, $27.5 million senior secured loan to finance acquisitions.
  • Represented a venture capital firm as the borrower in connection with a one-year, $25 million senior secured loan provided by an intellectual property investment firm for working capital purposes.
  • Represented a medical staffing agency as the borrower on a two-year, $11 million senior secured loan for working capital purposes.
  • Represented a private debt fund as lender on a $10 million multi-tranche senior secured loan for an online food ordering service to partially refinance existing indebtedness and for working capital purposes.
  • Represented a private credit fund as the lender on a four-year, $10 million senior secured acquisition financing.
  • Represented an alternative asset manager as the lender on a three-year, $10-million litigation financing loan.
  • Represented a fixed-income focused asset manager as the lender on a $10 million multi-tranche senior secured loan to finance equipment leases.
  • Represented a private credit investor in connection with a $3 million working capital loan to a coal mining company.