Kennedys global finance team advises on a diverse range of finance transactions for borrowers, lenders and investors across a wide variety of industries, and represent clients in all aspects of domestic and cross-border finance activities.
Acting for key participants including banking institutions, financiers, fund managers, private equity houses, corporate banking clients and insurance companies, our team helps clients navigate ongoing developments in the sector, including changes challenging traditional banking models and the continued rise in the development and use of technology.
Our advice includes all aspects of the Loan Market Association documentation including facility agreements, security documents and intercreditor arrangements on transactions involving corporate lending, real estate finance, acquisition finance and secondary debt sales. We also advise on guarantee and indemnities, intercreditor agreements and bonding arrangements.
Our global footprint and technical expertise enables us to provide an international perspective coupled with an understanding of local client needs. We deliver integrated solutions by drawing on the support of legal expertise across our regulatory, corporate/M&A, commercial, real estate and construction, trade credit, aviation, dispute resolution and restructuring and insolvency practices.
Banking and Finance Services
- Leveraged finance
- Corporate banking / lending (bilateral and syndicated)
- Real estate and development finance
- Complex loan and security arrangements
- Intercreditor arrangements
- Aviation finance
- Asset backed lending
- Invoice finance
- Project finance
- Secondary debt transactions
- Surety bonds
Our work highlights from around the world
- Acting for a UK professional services borrower in respect of a £70m LMA term and revolving credit club facility (with HSBC and AIB), and liaising with its various overseas guarantor entities (located in USA, Australia, Mexico and Ireland) to co-ordinate all CPs and foreign legal opinions, and on two subsequent refinancing transactions involving the amendment and restatement of the facilities.
- Acting for a lender in relation to a £50m term loan acquisition facility to be used by its borrower for the acquisition of a portfolio of funeral homes across England, including the drafting and negotiation of the LMA facility agreement and all security over numerous group companies and properties.
- Acting for a UK retail lender in respect of acquisition facilities to its Isle of Man incorporated borrower (and English subsidiaries) for the acquisition of a hotel in London Dockside under an Op Co/Prop Co structure.
- Acting for a borrower group in respect of the funding for the acquisition and development of a Kempinski hotel in Ghana, including advising the borrower on the financing documents and liaising with offshore counsel in Ghana, BVI, Cyprus, Luxembourg, Mauritius and Seychelles.
- Acting for a UK retail lender on a £40m secured senior term loan facility to an established hotel and property group for the purchase and development of a Hilton hotel and residential development in Liverpool.
- Acting for a surety in respect of a £50m guarantee bond facility relating to the guarantee of purchaser deposits relating to a residential development in West London and implementing counter-indemnity agreements from offshore group companies.
- Advising a market of trade credit insurers on the terms of complex underlying financing documents in relation to the recovery subrogated debt of approximately $65m for the insurers via a series of debt sale transactions in the secondary market.
- Undertaking a substantial due diligence exercise for an Oman based client, advising on the terms of complex financing arrangements relating to a desalinisation water project in Sohar, Oman.
- Advising airlines with the drafting and negotiation of finance lease agreements.
- Advising on sale and lease back transactions with banks or other financial institutions.
- Reviewing and drafting of corporate guarantees and other forms of securities such as pledge of and Rassets or security assignments of receivables in the context of financing transactions.
- Acting in a multi-million dollar syndicated credit facilities to finance the development of a hotel in Asia Pacific.
- Acting in a syndicated credit facility to finance the development of a hotel in Asia Pacific.
- Acting in a Short Term Revolving Credit Facility to a state‐owned enterprise.
- Acting in a loan facility granted to a Joint Venture Company.
- Acting in a multi‐million dollar syndicated loan facilities to finance the development of an industrial park in Asia Pacific.
- Acting in a syndicated credit facility to finance a merchandise mart in Asia Pacific.
- Advising a large UK bank as senior secured lender to Compre on all Bermuda law aspects of the facility and Bermuda security documents (Bermuda share charges).
- Acting for Bermuda Commercial Bank Limited (one of the four licensed banks in Bermuda) on its merger with Provident Holdings.
- Acting as Bermuda counsel to global insurance company on two unsecured note issuances by Bermuda group companies.
- Advising a bond issuer on a number of structures guarantee non-payment under commercial loans and note issuances – bonds are governed by URDG 758.
- Reviewing and commenting upon construction loan documents, involving choice of law provisions, venue selection clauses, jury trial waivers, confession of judgment clauses, notice provisions and interest rate restrictions for a large US bank.
- Preparing attorney opinion letters for real estate / financial transactions, involving the entity's authority to enter into the transaction, enforceability of the transaction documents against the entity and /or principals, proprietary of the entity's formation and bankruptcy remoteness.
- Representing commercial debtors in litigating over violation of financing agreements, typically involving failure to honour the contract terms for loans associated with real estate ventures, equipment leases and business finance.
- Assisting in loan workout negotiations, including negotiating forbearance agreements, cross-collateralization agreements, personal guarantees, and mezzanine or secondary funding sources.
- Advising LATAM Trade Capital on credit documentation structuring (contracts and securities) for its credit operations with clients and on eventual recovery and collection processes, judicial and extrajudicial.
- Advising CHN Industrial Argentina SA (on behalf of one of our clients) and CHNI International SA (directly as our client) in the negotiation of credits and financing, as well as the recovery of debts before the Judiciary branch.
- Advising a global insurance provider on credit documentation structuring (contracts and securities) for its credit operations with clients (mainly bonds) and on eventual recovery and collection processes, judicial and extrajudicial.
- Providing day-to-day legal advice to a Netherlands multinational leasing company in Chile and Colombia.
- Advising an Anglo-American trade finance group in M&A operations regarding the acquisition of several finance and factoring companies in Colombia, Chile, Peru and Panama.
- Providing day-to-day legal advice to an Anglo-American trade finance group in Chile, Perú and Colombia, regarding their affiliate businesses in the financing, factoring and leasing industry.
- Advising a U.S multinational card processing and core banking software company regarding their license, implementation and operating services agreements with clients in Latin America.