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Smith Courtney

Courtney D.E. Smith

Courtney D.E. Smith is a member of the Finance Practice Group in the firm's New York office. Courtney represents agents, lenders, and borrowers in subscription facilities. She also represents clients in a variety of other commercial and corporate finance transactions, including NAV facilities, acquisition facilities, middle market loans, debtor-in-possession facilities, and subordinated debt facilities. Courtney serves on the firm’s Board Advisory Committee and served on the Board of Directors for The Network for Peace through Dialogue from 2007 to 2016.

Professional and Community Activities

  • Board of Directors for Network for Peace through Dialogue
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  • "Structuring Credit Facilities for Private Equity Funds: Subscription, NAV, and Hybrid Loans," speaker, CLE Webinar for Strafford, July 13, 2023.


B.A., Trinity University, 2003, summa cum laude

J.D., Columbia Law School, 2012, Columbia Journal of Law and the Arts; Columbia Journal of Gender and Law; James Kent Scholar; Harlan Fiske Stone Scholar

M.A., Columbia University in the City of New York, 2006, summa cum laude


New York

Fund Finance Insights: Capitalized Interest
October 31, 2023

With rising interest rates, recent articles1 have emphasized the prevalence, and dangers, of borrowers “deferring interest” via capitalization (aka a payment-in-kind provision, or “PIK provision”). A PIK provision essentially allows a borrower to add interest payments when due to the outstanding loan principal, instead of paying in cash when due, thereby increasing the unpaid balance of the loan a [...]