Helping Clients to Offer Bespoke Capital Products
This team caters to the unique needs of issuers and capital providers who offer bespoke capital products. Group members have diverse experience with tailored products, including:
- Non-syndicated loan products, including first and second lien, first out, unitranche, mezzanine, and other creative debt structures
- Privately placed debt securities, common and preferred equity, as well as convertible securities and warrants
- LLC, LP and other varieties of equity interests using customizable organizational formats
This highly qualified Latham team harnesses expertise from the firm’s banking, investment funds, restructuring, tax, M&A and corporate practices, among others, to provide clients with integrated and seamless interdisciplinary advice. This collaborative approach positions Latham’s Special Situations Practice lawyers to respond to any issue that may arise in a fast-paced transaction, and to develop creative, streamlined and sometimes unorthodox solutions for clients.
Complex, Cutting-Edge Structures
The Special Situations Practice marshals the resources necessary to implement and execute special situation transactions quickly, effectively and smoothly. The group regularly counsels specialty lending groups at commercial and investment banks, private financing groups, hedge funds, sponsors and issuers on complex and cutting-edge capital raises, including: non-syndicated acquisition financings; rescue, DIP and mezzanine loans; private placements of debt, preferred, convertible and other hybrid equity securities; as well as other hybrid and structured capital raises. Latham lawyers analyze the existing capital structure, explore various possibilities, formulate and carry out single or multiple financing structures that meet clients’ and borrowers’ strategic demands, in the context of the bankruptcy, restructuring, acquisition or other special situations at play. Latham’s Special Situation Practice is also fully versed on middle-market issues, and has experience structuring successful middle-market capital raising.