family-law

Service overview: Acquisition finance and leveraged debt lawyers

Service overview: Acquisition finance and leveraged debt lawyers

  • Acquisition finance is the provision of bank loans or the issue of bonds to fund the acquisition of a company (or parts of a company). This finance can be provided to an existing internal management team (a management buy-out), an external management team (a management buy-in), or a third party (an acquisition).
  • Leveraged acquisition finance is a type of acquisition finance, when a company, usually with a considerable amount of existing debt, attempts to acquire another company.
  • Leveraged finance can be used to achieve a specific, but often temporary, purpose. These include; funding an acquisition, a buy-out, or for a one-time dividend.
  • For a lender, if a potential borrower already has a lot of debt, it implies that the funding is riskier. This may make the borrowing more expensive than normal for the borrower.
  • Leveraged debt financing often involves different layers of finance, which can seem complicated. These range from a senior secured bank loan or bonds to a subordinated loan. Therefore, if you find yourself dealing in this area, you’re likely to require specialist finance law advice.

“The lawyer’s truth is not Truth, but consistency or a consistent expediency.”

Henry D. Thoreau

What we do: Acquisition finance and leveraged finance solicitors

Our acquisition finance solicitors can advise you on securing leveraged finance for your business, or if you’re looking to secure a buy-in, buy-out or acquisition of a company. We can assist you with your requirements and walk you through these processes to guarantee a smooth transaction. Some of the typical documents, agreements and services we would help your business with include:
  • syndicated loan agreements
  • bond prospectuses
  • credit and security arrangements
  • term sheets
  • intercreditor arrangements, such as mezzanine, PIK and second-lien debt, or deeds of priority
A key consideration is to calculate how each type of finance should be raised: if the ability of a company to service its debt is overestimated, the lender may lend too much at a low margin and be left holding loans or bonds they can’t sell to the market. If the value of the company is underestimated, the deal may be lost. Our finance solicitors will also work closely with our corporate and tax teams to cover all aspects of your deal, so the legal work is seamless for your entire transaction.

Leave a comment