Extensive experience in all aspects of secured and unsecured debt financings
Our debt finance practice specializes in representing public company borrowers in syndicated credit facilities and bond issuances, as well as privately owned companies in smaller bank facilities and venture debt financings. Whether public or private borrowers, banks, institutional lenders, investment funds, nonprofit lenders and beyond, we can help your business to achieve its goals.
We assist our clients on the full spectrum of their debt needs across public and private debt. Our clients include public and private borrowers, as well as banks, private and debt funds, nonprofit lenders and other lenders.
We frequently handle debt financings in connection with mergers, acquisitions and leveraged recapitalizations, including leveraged buyouts and private equity transactions. Our clients borrow in the market regularly, and we stay on top of trends in structuring, covenants and pricing. We understand how major lenders negotiate and the points on which they are most (and least) flexible, all of which enables us to help our clients efficiently close a mutually satisfactory financing transaction.
Our debt team is known nationally as a best in class team. We have been described as “commercial and practical, with a great demeanor” by Chambers USA.
Areas of Focus
We bring extensive experience and a collaborative approach between borrowers and lenders to assist our clients in a range of debt financing transactions, including:
Syndicated senior bank credit facilities
First and second lien financings
Mezzanine and other subordinated debt financings, including SBIC financings
Public and Rule 144A debt offerings
Public and private convertible debt transactions
Fund finance capital call and portfolio leverage facilities
Solar construction/term loan financings
Cannabis growth and acquisition financing
Corporate and debt restructurings
Debtor-in-possession financings
Leveraged equipment lease transactions
Related Practices & Industries
As our knowledge is wide-ranging, our attorneys also specialize in a number of related areas:
What is a Sustainability-Linked Loan, and Should My Company Get One?
Under pressure from shareholder groups, investors and customers, you might already have “green initiatives” in your business plan, and you probably have already identified risks related to climate change and other social and environmental factors. Is there a way to cash in on what you are already doing by accessing the growing market for sustainability-linked loans (sometimes referred to as ESG-linked loans)? Here we will refer to these loans as sustainability-linked loans or SLLs.
After the venture debt shake up in March 2023, there was an expectation that venture debt funding would dry up. However, as new players have entered the scene and equity markets remain tight, venture debt financing continues to be a popular source of funding for companies unable or willing to access the equity markets. Rather than pursue what may be a down-round equity financing and often at the encouragement of their venture investors, early stage companies are continuing to line up venture debt facilities for additional working capital and to shore up their balance sheets. Before taking on a venture debt credit facility here are 10 things a borrower should know.
We have an impressive track record of representing companies of all sizes in debt financing matters.
BIOTECH AND LIFE SCIENCES
Pear Therapeutics, a pioneer of prescription digital therapeutics, in closing a $50 million secured loan transaction with Perceptive Advisors
Biogen, a global biotechnology company, in connection with its registered offering of $3 billion senior unsecured notes and its $1 billion senior unsecured revolving credit facility
A pharmaceutical company in connection with a $150 million royalty notes financing
Apublic life sciences company in multiple financings, including:
$2.1 billion syndicated senior secured term loan and revolving credit facilities, and $1.95 billion refinancing of these facilities
$1.3 billion syndicated first lien and second lien senior credit facilities to finance tender offer acquisition of public company and provide working capital
Organogenesis with Silicon Valley Bank as administrative agents in $100 million syndicated revolving and term loan facilities
RETAIL
A private equity firm in $46 million credit facilities to finance in part a going private acquisition of a public restaurant chain company
An investment fund in an $8 million secured mezzanine debt and warrant investment in a public company in the cosmetics industry
A major bank in extending a $100 million syndicated senior revolving credit facility to a retail marketing company
A private equity firm in senior secured term loan and revolving credit facilities for a portfolio grocery chain company
A private equity firm in $46 million credit facilities to finance part of a going private acquisition of a public restaurant chain company
VARIOUS INDUSTRIES
Sensata Technologies Inc., an indirect, wholly owned subsidiary of Sensata Technologies Holding, in a Rule 144A offering of $750 million in aggregate principal amount of 3.75% senior notes due 2031
Sensata Technologies in multiple financings, including:
the refinancing and amendments of its $1.45 billion syndicated senior secured revolving credit and term loan facilities
its Rule 144A offering of $450 million senior notes
the amendments and consents obtained from lenders relating to approximately $3.7 billion of debt consisting of high-yield bonds and senior secured credit facilities
Entegris with Goldman Sachs as administrative agents in $700 million syndicated revolving credit and term loan facilities
Metropolitan Partners Group as administrative agent and lender in a $20 million debt financing transaction for a private borrower
KVH Industries in a $46.5 million senior secured term loan and revolving credit facilities with Bank of America
AstroNova in a $39.2 million senior secured term loan and revolving credit facilities with Bank of America
CRA International in a $125 million syndicated senior secured revolving credit facility with Citizen Bank as administrative agent
A Colorado state credit union in extending numerous credit facilities to small cannabis operators
Several solar energy developers in arranging construction/term project financing for hundreds of millions of dollars.
A large direct lending fund sponsor in dozens of fund capital call facilities
PRIVATE EQUITY
A private equity sponsor in connection with its debt financing for the leveraged buyout of a private health services company involving $27 million senior secured credit facilities
A private equity firm in debt financing for leveraged buyout of a public audio products company involving $85 million term loan and $40 million asset-based credit facility
A large West Coast private equity sponsor in a series of credit facilities for a company providing customer-selected music in public settings
A private equity sponsor in a $435 million first-lien and second-lien financing for the acquisition of an agricultural products company
An investment management firm in a leveraged recapitalization transaction with a leading national private equity firm, involving a $46.5 million senior credit facility provided by a bank syndicate and $30 million senior subordinated debt and $81 million junior debentures provided by the private equity firm
A sponsor of private investment funds to make mezzanine debt and equity investments ranging from $2-20 million in multiple types of businesses
An investment management firm in a leveraged recapitalization transaction with a leading national private equity firm, involving a $46.5 million senior credit facility provided by a bank syndicate and $30 million senior subordinated debt and $81 million junior debentures provided by the private equity firm
Events
We use cookies to enhance user experience, improve functionality and performance, and for analysis of website traffic. By clicking “accept”, you agree to the use of cookies. For more information about our cookie policy and the information we collect, please review our Privacy Statement.
Foley Hoag
Email Disclaimer
Transmitting information to us by e-mail unilaterally does not establish an attorney-client relationship or impose an obligation on either the law firm or even the receiving lawyer to keep the transmitted information confidential. By clicking "OK," you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us unless we already represent you or unless we have agreed to receive limited confidential material/information from you as a prospective client. Thus, if you are not a client or someone we have agreed to consider as a prospective client, information you submit to us by e-mail may be disclosed to others or used against you.
If you would like to discuss becoming a client, please contact one of our attorneys to arrange for a meeting or telephone conference. If you wish to disclose confidential information to a lawyer in the firm before an attorney-client relationship is established, the protections that the law firm will provide to such information from a prospective client should be discussed before such information is submitted. Thank you for your interest in Foley Hoag.