Banking & Finance



With insight into the key issues in commercial finance, we have the market knowledge and depth of talent to provide sophisticated counsel in all types of financing transactions.

Our approach

Our Banking & Finance group is distinguished by its broad range of capabilities, solid understanding of our clients’ objectives and practical approach to issues as they arise. We have deep experience across the market and handle transactions ranging from small financings for startup ventures to multibillion-dollar financings for large established companies. We work closely with the firm’s M&A, public finance, private equity, restructuring, tax, real estate and other practices to provide integrated services and to facilitate the smooth consummation of transactions. Internationally, we work with our network of local counsel to provide international deal execution services and local law advice in cross-border financings. We combine extensive commercial finance experience with solid business acumen and efficiency.

Our diverse practice covers a wide range of financing transactions, including:

  • Syndicated and bilateral credit facilities
  • First and second lien loan facilities
  • Acquisition financings
  • Asset-based lending (ABL)
  • Junior capital and mezzanine financings
  • Intercreditor arrangements
  • Cross-border and multi-currency facilities
  • Restructurings, debtor-in-possession and exit financings
  • Investment grade facilities
  • Factoring, trade financing and trade credit receivable securitizations
  • Aviation, rail and other equipment finance and leasing
  • Interest rate swaps, currency swaps and other derivative products
  • Distressed investing and claims trading

Leveraged Finance

We advise clients on all types of leveraged financings, from lower middle-market to multi-billion dollar facilities, including first lien/second lien facilities, recapitalizations, working capital or general corporate purpose facilities, integrated bank and bond financings, asset-based facilities, amend and extends, multi-currency facilities and cross-border financings. We represent commercial and investment banks, institutional lenders, private equity sponsors and corporate borrowers in leveraged cash flow and asset based financings. We address all manner of intercreditor issues arising in senior and subordinated financings, first lien/second lien facilities, superpriority and cross-collateralized structures.

Acquisition Finance

We structure acquisition financings involving both private equity and strategic buyers and advise on all aspects of acquisition financing, from the structuring and commitment phase to closing and subsequent amendments and refinancings. We work with the firm’s M&A attorneys to advise clients on both the financing and buy/sell aspects of an acquisition transaction. Working in conjunction with our M&A, private equity and capital markets attorneys, we advise on senior, second lien, combined senior bank/mezzanine or bond financings, bridge loans and junior or subordinated facilities. We anticipate the requirements of all parties to complex, multi-tranche transactions and deliver sophisticated advice and deal management for acquisition financings, utilizing our in-depth knowledge of a wide range of industries.

Junior Capital

We represent institutional investors, mezzanine funds and hedge funds in structuring and documenting their investments in mezzanine products of all types, including senior subordinated debt, junior convertible notes, second lien debt, equity co-investments and preferred equity. We are well-versed in the wide range of issues that arise in any mezzanine transaction, including structure, pricing, covenants, redemption/call protection issues, liquidity rights, intercreditor issues, equity components, anti-dilution protections and tax issues. Our team includes dedicated finance, fund formation, private equity and tax lawyers who provide integrated legal services. We have structured and closed junior capital transactions in many different contexts, including acquisition financings, leveraged buyouts, recapitalizations, restructurings and workouts, fund formations, institutional investments and other transactions involving mezzanine securities.

Equipment Finance

We represent lenders, equity investors and lessees in all aspects of equipment finance, including operating and finance leases, secured loans, cross-border leases, sales and asset transfers. Our experience includes front-end structuring, negotiation and documentation, end-of-term equipment return and work-outs. Our team also offers an in-depth knowledge of operating, maintenance and other key issues as well as tax aspects of ownership and leasing of equipment. Our experience includes transactions involving a diverse range of assets, including manufacturing plant assets, aircraft, railcars and locomotives, vessels, trucks, containers, high-technology equipment, medical equipment and construction equipment.

Project and Energy Finance

Our team has extensive experience representing lenders and developers in project and energy finance, including wind, solar and biomass renewable energy assets; cogeneration and other production facilities; and medical facilities. These transactions often involve collateral account and credit support arrangements, including perfection of security interests and ancillary support agreements, such as power purchase and off-take agreements, site leases and licensing agreements. Our experience also includes creating and transferring the benefit of environmental incentives and attributes.

Securitizations

We regularly represent companies that are seeking to lower their overall borrowing costs by factoring or securitizing their trade accounts receivable. Capital intensive, non-investment grade, global companies with reasonable diversification in their receivables profile are some of the best candidates for structured finance solutions but many other types of companies qualify as well. We believe this is an overlooked but often advantageous financing vehicle for many of our clients and contacts. We have developed a network of consultants, bankers and credit providers that can assist clients with analyzing whether these products fit their unique circumstances and to quantify the benefits of a transaction.

Restructurings

We effectively protect the interests of our clients in out-of-court restructurings and in the bankruptcy process, ensuring that our clients benefit from our firm’s finance and restructuring experience. We represent borrowers, lenders, investors and acquirers in amendments, forbearance agreements, in- and out-of court restructurings, financial recapitalizations, debtor-in-possession financings and exit financings. We have experience negotiating with various constituents who have divergent goals and achieving a resolution that enables the parties to move forward with a financing structure.

Who we work with

We advise domestic and international banks, specialty finance companies, private equity sponsors and their portfolio companies, private investment funds and other institutional investors, mezzanine lenders, hedge funds, strategic buyers, corporate borrowers and issuers of debt. We represent both borrowers and lenders rather than focusing on one side of the market.

Representative Experience

  • a leading international media and marketing solutions company on multiple amendments and extensions of its $1.2 billion revolving credit and term loan facilities, and acquisition financing in the debt capital markets to fund its $2.2 billion acquisition of a publicly traded pure play broadcast television company
  • a leading business process and document management company on its $2 billion credit facility
  • a private equity sponsor in connection with senior, subordinated and equity financings for the acquisition of a producer of quality precision chart and marking systems for recording instruments
  • a leading financial services firm on more than $3 billion in asset-based financing facilities for its investment funds
  • one of the largest privately owned office suppliers on its $137 million senior secured credit facilities
  • a leading bakery and café chain on its $112 million senior secured credit facility
  • a healthcare provider in a comprehensive, out-of-court restructuring of all of its credit facilities, including $425 million in senior secured credit facilities from various European banks, $140 million in subordinated PIK notes from three major, non-profit hospitals and  $25 million in equipment loans
  • an agent bank in connection with a $70 million senior secured loan facility provided to an apparel manufacturer
  • an agent bank on a $300 million syndicated unsecured revolving credit facility for a publicly traded regional utility
  • an agent bank on a $70 million secured term loan for a hotel management company and multiple related amendments
  • a consumer products company on its $150 million first and second lien credit facilities
  • a mezzanine debt provider in a $12 million second lien credit facility for a large supplier and distributor of meat products
  • a publicly held defense contractor on its $130 million senior secured revolving credit facility and $40 million subordinated term loan
  • three financial institutions and two operating lease companies in connection with single investor lease financings of multiple types of railcars being leased to an industrial company and guaranty of the lease obligations by the foreign parent company
  • a financial institution in connection with the single investor lease financings of roof-top and ground-mounted solar generating facilities located on multiple campuses of a county community college district
  • a U.S. governmental agency in connection with a loan secured by railcar rolling stock and rail infrastructure assets owned by a private rail operator
  • one of the world’s largest beverage companies in a $400 million trade receivables securitization with a foreign conduit provider
  • a Fortune 200 equipment manufacturer in a $380 million trade receivables securitization with a U.S. based bank
  • numerous trade receivables factoring transactions totaling $600 million for a large multinational company with a U.S. based money center bank
  • numerous equipment lease receivables securitizations totaling $550 million for a global manufacturer involving a U.S. based money center bank

New hires and promotions

Mergers & Acquisitions | September 03, 2019

This roundup of leadership moves in the M&A space highlights the promotion of Boston Global Finance partner Amy Charamba to practice group leader.

Attorneys who moved up the firm ranks in Q2

Law360 | August 01, 2019

This roundup of second-quarter attorney promotions highlights Boston Global Finance partner Amy Charamba and Boston Corporate partner Chris Keefe, who were named to lead their respective practice groups.

Career Tracker

Reuters Legal | July 15, 2019

This roundup of lawyers on the move features the promotion of Boston Global Finance partner Amy Charamba to practice group leader and the addition of Washington, DC, Government Investigations and White Collar Defense partner Adam Tarosky.

Movers & Shakers

The Deal | July 10, 2019

This roundup of personnel moves in the legal industry features the promotion of Boston Global Finance partner Amy Charamba to leader of NP’s global finance practice.

M&A wrap: People moves

Mergers & Acquisitions | July 08, 2019

This roundup of personnel moves in the M&A space features Boston Global Finance partner Amy Charamba, who was recently named to lead the firm’s global finance practice.

New hires and promotions

Mergers & Acquisitions | March 31, 2019

The promotions of Boston Global Finance partner Erik Schneider, Rochester Corporate partner Eric Tanck, and Albany Corporate partner Marissa Wiley are highlighted in this roundup of notable executive news.

Movers and shakers

The Deal | February 01, 2019

Albany Corporate partner Marissa Wiley, Rochester Corporate partner Eric Tanck, and Boston Global Finance partner Erik Schneider’s recent promotion to partner is included in this roundup of notable executive news.

M&A wrap

Mergers & Acquisitions | January 31, 2019

Three members of Nixon Peabody’s 2019 new partner class are highlighted in this roundup of notable executive and business news: Albany Corporate partner Marissa Wiley, Rochester Corporate partner Eric Tanck and Boston Global Finance partner Erik Schneider.

The International Comparative Legal Guide to Lending & Secured Finance

Global Legal Group | April 19, 2018

New York City global finance partner Alexandra Margolis and public company transactions partner Dick Langan, and Boston global finance associate Mary Beth Ciullo co-wrote a chapter in the 2018 edition of The International Comparative Legal Guide to Lending & Secured Finance, on LIBOR issues.

Public-private partnerships see limited application in NY

Rochester Business Journal | November 16, 2017

Rochester real estate partner Bruce Baker and New York City global finance counsel Alex Yim were quoted in this feature on the increasing use of public-private partnerships to fund projects in cities across the U.S.

What’s Market: 2017 Mid-Year Trends in Large Cap and Middle Market Loan Terms

Thomson Reuters Practical Law | June 30, 2017

New York Banking & Finance partner Alexandra Margolis provides commentary on 2017 loan market trends in large cap and middle-market loan terms. Click here to read the full article.

Law360 names attys who moved up the firm ranks in Q1

Law360 | April 27, 2017

This article mentions recent leadership promotions at the firm including David Brown, Jared Lusk, Jim Vallee, Graham Beck, Kathleen Ceglarski Burns, Emily Crandall Harlan, Daniel Gibbons, Linda Huber, Ilana Kameros, Haydon Keitner, Darren Miller, Neal Pandozzi, Edward Puerta, Stephen Reil, and Elizabeth Young.

Opportunistic deals lead the leveraged loan market to a strong start in 2017

Bloomberg Law BNA’s Banking Report | March 19, 2017

New York Banking & Finance partner Alexandra Margolis contributed this article about her outlook on the leveraged loan market for 2017. Click here to read the full article.

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