Mezzanine, subordinate and other alternative financing

Our representation of borrowers and lenders in mezzanine, subordinated debt, second lien and private equity transactions gives us a balanced perspective and a wealth of information on market practices and market terms. We can help borrowers analyze their financing options and select the alternative that makes the most sense in the context of their business. Whether a borrower, lender or seller, we make sure our clients understand the critical legal and business issues so they have no surprises down the road.

Examples of our services include:

  • Development of strategies for collateral protection, including whether to obtain liens on intellectual property
  • Protection for the seller’s prospects of payment in a seller-financed asset or stock transaction
  • Advice on investor warrants
  • Counsel on the respective rights of junior and senior creditors in respect of payment blockages under intercreditor arrangement
  • Counsel on intercreditor or subordination agreements with first mortgage lenders to permit mezzanine lenders to assume control in the event of default
  • Guidance on bankruptcy rights held by each party to an intercreditor or subordination agreement