Private Credit

Related Areas

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 an alternative asset manager as the servicer of and an investor in two pools of consumer installment loans targeting nearly $1 billion in total.
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 direct lender in connection with a $30,000,000 convertible loan for the purpose of acquiring a sports franchise.
Represented a distressed credit fund in connection with a $5,900,000 convertible, unitranche loan to a pharmaceutical company and related revenue sharing agreement for the purpose of financing the borrower’s clinical programs.
Represented national bank as administrative agent in connection with a $240 million loan to a music rights company.
Represented financial services company, as administrative agent in connection with a $225 million loan to a waste management 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 financial services company, as administrative agent and collateral agent in connection with a $70 million loan to a pigments manufacturer
Represented financial services company, as administrative agent in connection with a $66 million loan to a hardware and safety equipment company.
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 federal savings bank, as notes agent in connection with a $15 million notes issuance by a lifestyle brand company
Represented federal savings bank, as administrative agent and collateral agent in connection with a $6 million loan to a sleeping aid company.
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 national bank as administrative agent in connection with a $210 million loan to a vitamin company.
Represented national bank as administrative agent and collateral agent in connection with a $210 million term loan to department store company.
Represented federal savings bank, as administrative agent and collateral agent in connection with a $193 million loan to an airplane internet provider.
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 private credit fund in connection with a $350,000,000 senior secured loan for the purpose of refinancing the borrower’s existing debt.
Representing a direct lender in connection with a A$7,500,000 senior secured loan to a gold mining company.
Represented financial services company as administrative agent, in connection with a $34.5 million loan to an intellectual property rights management company.
Represented national bank, as administrative agent in connection with a $25 million loan to a plastic manufacturer.
Represented federal savings bank, as administrative agent and collateral agent in connection with a $25 million loan to a pharmaceutical company.
Represented a private equity fund portfolio company as borrower on a five-year, $10,000,000 acquisition facility provided by a private credit fund as lender.
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 financial services company as administrative agent, in connection with a $21.5 million mezzanine loan to a home dialysis company.
Represented financial services company, as administrative agent in connection with a $183 million loan to a trucking company
Represented federal savings bank, as administrative agent and collateral agent in connection with a $180 million loan to a pharmaceutical company.
Represented financial services company, as administrative agent in connection with a $150 million loan to a financial services company.
Represented national bank as administrative agent in connection with a $120 million loan to a vitamin company.
Represented national bank as administrative agent in connection with a $20 million receivables financing loan to a specialty paper company.
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 asset management firm as a lender in connection with a $10 million loan to a factoring finance company.
Represented a private credit asset management firm as a lender in connection with a $20 million working capital loan to an equipment finance company.
Represented financial services company as administrative agent, in connection with a $75 million loan to a manufacturer of laser communication equipment for airborne and spaceborne communication networks.
Represented federal savings bank, as sub-agent of administrative agent in connection with a $75 million loan to a tire company.
Represented financial services company as administrative agent and collateral agent, in connection with a $75 million loan to a business services and technology company.
Represented a private credit asset management firm as a lender in connection with a $3 million secured loan to a robotics digitization company.
Represented financial services company as administrative agent and collateral agent in connection with an $80 million loan to a parking garage operating company and related companies.
Represented financial services company as administrative agent and collateral agent in connection with a $75 million term loan and a $12.5 million delayed draw term commitment to a go-kart company.
Represented a private credit investor in connection with a $3 million working capital loan to a coal mining company.
Represented financial services company, as administrative agent and collateral agent in connection with a $111 million loan to a healthcare provider.
Represented national bank as administrative agent in connection with a $106 million loan to an energy company.
Represented a borrower on a $15,000,000 delayed draw term loan facility provided by a private credit fund as lender, which loan was secured by a pledge of underlying loans.
Represented a private credit asset management firm as a lender in connection with a $15 million working capital loan to a real estate construction finance company relating to factoring and supply chain receivables.
Represented national bank as administrative agent in connection with a $267 million loan to an energy company.
Represented financial services company as administrative agent and collateral agent in connection with a $225 million loan to a prefabricated building solutions provider and related companies.
Represented financial services company, as administrative agent and collateral agent in connection with a $220 million loan to a pool manufacturer.
Represented financial services company as administrative agent and collateral agent in connection with a $103.5 million loan to construction and traffic management companies.
Represented national bank as administrative agent and collateral agent in connection with a $103 million loan to a travel and leisure company
Represented financial services company as administrative agent and collateral agent, in connection with a $85 million loan to a sustainability and water purification company.
Represented financial services company as agent, in connection with a $85 million loan to a global plastics manufacturing company
Represented national bank as administrative agent and collateral agent in connection with a $75 million term loan to a biotech company.
Represented financial services company as administrative agent and collateral agent in connection with a $56.5 million loan to an environmental solutions company.
Represented federal savings bank, as administrative agent and collateral agent in connection with a $50 million loan to a mobile key-production company.
Represented financial services company as administrative agent, in connection with a $45 million loan to a food company
Represented financial services company, as administrative agent and collateral agent, in connection with a $42 million loan to an aviation security company.
Represented financial services company, as collateral agent in connection with a $39 million loan to a space launch service provider.