Private Credit Finance

Haynes and Boone, LLP’s Private Credit Finance Group is a leader in the representation of a broad range of lenders and borrowers involved in direct commercial loans, including private debt funds, independent commercial finance companies, specialty finance companies, business development companies (BDCs), insurance companies, hedge funds, family offices, private equity group and other investors in connection with lending transactions involving commercial, energy, healthcare, food and beverage, franchise, real estate, retail, transportation, various service industries and other lending transactions. The foundation of our finance practice is our lawyers’ extensive experience advising clients across numerous jurisdictions in the U.S. and abroad in a range of private credit transactions.

Our clients benefit from our wide range of experience, representing both borrowers and lenders in many different types of financing transactions across a large segment of the commercial finance marketplace. We also navigate all facets of a private credit financing transaction, from initial structuring and underwriting through initial documentation and the negotiation of related intercreditor and subordination arrangements and agreements among lenders, and extending to restructuring, workout and other distressed situations when needed.

We frequently advise clients on revolving and term loan structures, including unitranche, first lien, second lien, mezzanine and first out transactions involving collateral security and credit support of all types, including:

• Inventory
• Equipment
• Accounts Receivable
• Loans and other Financial Assets
• Real Estate
• Oil and Gas
• Intellectual Property
• Aircraft
• Vessels
• Stock and other equity interests
• Affiliate and third-party guarantees other credit support enhancements

Our experience includes representing lenders and borrowers in connection with:

• Private equity or sponsor-backed portfolio company financings
• Dividend recapitalizations and shareholder/founder buy-out transactions
• Acquisition financings
• Commercial loan workouts, restructurings, debtor-in-possession financings, and foreclosures
• Real estate acquisition, development, and construction loans covering commercial buildings, retail centers, hotels, multi-family developments, and light industrial, warehouse, and storage facilities
• Asset Based and Reserve Based Loans
• Mezzanine and subordinated debt facilities
• Note and warrant purchase agreements
• Purchase Money, Capital Leases
• Consignments and Build, Own and Operate Arrangements

Our clients benefit from our wide range of experience and our practical approach to crafting solutions for many different types of financing transactions in a large segment of the commercial finance marketplace.

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