Finance and Restructuring

Bankruptcy and Financial Restructuring

CKR’s attorneys handle all aspects of insolvency, including restructuring, workouts, and refinancing of debt, creditor-debtor litigation, and reorganizations and liquidations both in and outside of bankruptcy.

We represent:

  • Secured and unsecured creditors
  • Pre-petition and DIP lenders
  • Landlords
  • Creditors committees
  • Debtors
  • Underwriters
  • Indenture trustees
  • Receivers
  • Investors

Because many of the complex issues surrounding a corporate restructuring require industry-specific knowledge, we augment our core practice with attorneys in the litigation, corporate law, public finance, energy and utilities, securities, investment management, government, and taxation areas. Our practice group is cross-departmental and includes the full participation of non-traditional bankruptcy lawyers. We are sensitive to and strive to understand the nuances of each distressed business, including its unique financial and operational aspects.

In today’s ever-changing financial restructuring landscape, bankruptcy lawyers also must tackle a host of ancillary issues. For example, cross-border insolvencies continue to grow in number and intricacy as businesses expand globally into legal jurisdictions around the world. Likewise, the advent and growth of structured financial products and derivatives adds additional layers of complexity to the already complex mix of legal and business issues that bankruptcy lawyers routinely confront. In addition, the bankruptcy process continues to serve as a springboard for M&A opportunities presenting distressed investors with opportunities to acquire assets at attractive valuations in the marketplace.

Leveraged and Acquisition Finance

CKR’s leveraged and acquisition finance clients include private equity firms, investment and commercial banks, institutional investors and others. We have global expertise with all types of leveraged and acquisition financings, re-financings, recapitalizations and restructurings. We are experienced in all material financing products including senior, high yield, mezzanine, second lien, subordinated debt, unitranches, bridge financing and vendor financings. We offer advice on financings related to primary LBOs, secondary buy-outs, public bids, private acquisitions, public to private, dividend recapitalizations and post-IPO financings. Our leveraged and acquisition finance team works closely with our corporate, private equity and mergers and acquisition attorneys to achieve maximum efficiency. We understand the key issues facing our leveraged and acquisition finance clients and offer innovative solutions directly suited to their needs.

Project Finance

Our attorneys assist clients in all aspects of the development, construction, financing, restructuring and purchase and sale of projects around the world. We advise on projects for export credit agencies, project sponsors, commercial lenders, multilateral agencies, off takers, contractors and suppliers, developers and financial investors. The depth and breadth of our international practice enables us to provide clients with legal expertise from our projects, banking and finance, energy and natural resources, planning, real estate, tax and regulatory specialists.

Public Finance

CKR’s public finance attorneys use sophisticated tools to achieve client goals including bond offerings, tax increment financing, urban renewal and swaps and other financial derivatives. We are experienced in the financing of public infrastructure including cultural and non-profit institutions, education and healthcare facilities, sports and entertainment venues and solid waste, drinking water and pollution control facilities.

Infrastructure Finance and Development

We are experienced advisors to sponsors and funders on the financing aspects of projects in a wide range of industry sectors. We advise on projects that combine different forms of structured finance techniques including monetizations, asset acquisitions, Islamic funding techniques, project bonds, securitizations, portfolio financings, restructurings, investment funds, leveraged finance, borrowing base structures and derivative products. With locally qualified lawyers around the world we have the ability to document transactions under the most appropriate law for our clients within applicable political, legal and commercial environments. We work to minimize risk exposure while achieving commercially sound solutions for our clients. Our infrastructure team offers experts across projects, banking, finance, tax, real estate and regulatory matters. Our infrastructure practice includes work for the private sector and for governments and their agencies.

Banking and Financial Instruments

CKR’s banking and financial instruments practice covers the organization, ownership and operation of banks and depository institutions, mortgage banks, and other providers of financial services regulated by state, federal and other banking regulators and holding companies. It also covers representation of bank and other financial organizations in lending transactions to borrowers and compliance with consumer and other laws involving all aspects of financial services provided by bank and other financial organizations. Our practice includes advice and representation not only with respect to lending and regulatory compliance but also with respect to fiduciary activities, securitizations, payment systems, electronic banking, data security and risk management. It also covers mergers, corporate organizational and ownership issues involving holding companies, banks and other regulated entities. Our banking and finance practice also includes specialized capabilities in addressing litigation common to banks, such as class action litigation under consumer financial protection laws. We also assist our clients with responses to regulatory examinations and, on occasion, the resolution of enforcement actions.

Derivatives

We advise providers and end-users of all categories of derivative products in most jurisdictions including, but not limited to, credit, equity, energy, weather and commodities derivatives as well as securities lending, FX products and repos. We work with our clients to address risk management issues and to develop strategies which satisfy their particular business needs and applicable legal and regulatory requirements.

Global Finance

Our practice includes advising on Global financing techniques and product development. We help to devise and deliver financing solutions for investors, issuers and borrowers in accordance with the principles and values of Islam. The global span of our practice means that we are able to pass on the benefit of global best practice to our clients. We advise on a wide range of Shari’ah compliant financial services and products including:

  • Capital markets
  • Project and infrastructure finance
  • Acquisition and leveraged finance
  • Asset finance
  • Sukuk issues
  • Private equity and real estate funds
  • Financial regulation
  • Structural products and derivatives
  • Real estate finance
  • Tax
  • Standard form documents covering Murabaha, Musharaka, Mudarabah and Ijaara arrangements

Real Estate Finance

Our real estate finance practice includes representation of borrowers, lenders, lead managers and issuers on domestic and cross border real estate financings, re-financings and restructurings. Our team of experienced real estate finance advisors has helped a wide range of business and individual clients to achieve their business goals. Our practitioners have an in-depth understanding of the commercial real estate sector and financing products in such market. We advise on:

  • mortgage loan originations
  • sale and leasebacks and opco/propco structures
  • sales purchases and financings of commercial mortgage portfolios
  • A/B inter-creditor structures
  • mezzanine and profit participation structures
  • development financings
  • CMBS warehouse/bridge facilities
  • residential mortgage backed securitizations, commercial mortgage back securitizations and real estate warehouse business securitizations
  • domestic and cross border real estate financings

Trade and Export Finance

We understand the inherently complex environment in which many structured trade and export finance transactions take place and have the expertise to guide our clients through this increasingly complex environment. We strive to identify risk, limit liability and enhance transaction performance. We provide advice in all areas of trade and export financing including:

  • Structured trade finance
  • Letters of credit, performance bonds and bills of exchange
  • Security over receivables, goods and documents of title
  • True sale of receivables and goods
  • OHADA Law
  • Export credits, political and risk insurance
  • Immunity, sanctions and other sovereign issues
  • Trading contracts, bills of lading and counterparties
  • Trade and export finance disputes

We rely on our established relationships with major market participants to achieve desired results for our clients.

Structured Finance

We represent clients in connection with mortgage-backed and asset-backed securities offerings and other structured financing matters.

Our practice areas include:

  • Residential mortgage-backed securitizations (RMBS) and whole loan transactions involving performing, nonperforming and re-performing mortgage loans
  • Acquisition, financing and securitization of mortgage servicer advance receivables, mortgage servicing rights and excess servicing fees and negotiation of mortgage servicing agreements
  • Warehouse and repo financing of performing and nonperforming residential mortgage loans, commercial mortgage-backed securities (CMBS), RMBS, real estate owned (REO) properties, single-family rental properties, tax liens and other asset classes
  • Single family rental transactions, involving structured financings designed to facilitate the acquisition and holding of single-family properties as rental properties
  • Public and private asset-backed securitization transactions involving auto loans, credit card receivables, tax liens and trade receivables
  • Representation of REITs and private equity funds in a variety of structured finance and securitization transactions
  • Structured financing and securitization of renewable energy assets, including distributed solar projects
  • Government-guaranteed mortgage backed securities, including acting as counsel for large US government agency-sponsored securitization programs
  • Tender offers and other initiatives designed to commute obligations of monoline financial guaranty insurers on insured RMBS and ABS
  • Commercial disputes, litigation, government investigations and enforcement proceedings involving structured finance and securitization transactions.

Asset Based Lending

CKR’s asset based lending attorneys specialize in the documentation, negotiation and structuring of secured financial transactions. We represent lenders, lessors, venture capital groups, investors, sellers, lessees and borrowers. Our clients include financial institutions such as domestic and foreign banks, commercial finance companies and insurance and leasing companies. Such secured transactions include loans and leases, syndications / participations, chattel paper portfolio purchases and sales, consumer transactions, structured or financially engineered creditor facilities (both secured and unsecured), interest rate and currency swaps and credit enhancements for taxable / tax exempt debt securities. We have experience advising asset based lenders in relation to syndicated local and international ABL transactions, both event and non-event driven.

Energy, Resources and Projects

CKR has a diversified and global energy practice which encompasses all types of transactional, litigation and regulatory matters. Our energy attorneys have expertise in a wide range of oil, gas, electricity, nuclear and renewable and sustainable energy projects. They have an in-depth understanding of the energy industry, the agenda of the major players, and the regulatory and competitive framework in which they operate. Our oil and gas attorneys provide advice on exploration, development and production matters, shale gas, liquefied natural gas, gas pipelines, refining, trading and distribution, and international projects and project finance. Our mining and natural gas attorneys work on mining transactions and projects throughout the world. They address all types of mining sector activities from the exploration stage through the balance of the project including development, funding, operation and exit. Our energy and distribution practice covers clean energy, nuclear and thermal (gas and coal) as well as power generation and distribution. Our water practice attorneys advise clients on a broad range of matters, including statutory and regulatory frameworks, competition, utilities procurement and environmental regulation and prosecutions.