Acquisition Finance

The Banking and Finance Practice Group represents banks & financial institutions, private equity funds and corporates in connection with the financing of mergers, acquisitions (equity or assets), leveraged buyouts and recapitalizations, restructurings and other similar transactions.

In particular the Practice Group has broad experience in connection with cross-border acquisition financings, including the timely and efficient creation and perfection of security interests in many different types of collateral in multiple jurisdictions.

Members of the Banking and Finance Practice Group work closely with members of the Firm's Merger and Acquisition, Private Equity and Tax Practice Groups in developing the structure of acquisitions and the financing involved in such transactions.

We also provide advice with respect to the documentation of risk management in acquisition financings through interest-rate and foreign exchange swaps, caps and similar instruments.

Representative projects in this area include:

• Acting for EQT in their US$1 billion acquisition of the Scandic chain of hotels from Hilton
• Acting for Indap AB in relation to the financing of its US$4.9 billion tender offer for the shares in Gambro AB, the largest takeover bid to date in Sweden
• Acting for Bayard Group in relation to its €355 million refinancing of facilities used for the leveraged acquisition of Landys+Gyr Group
• Acting for ISS Holding A/S, in connection with the US$3.8 billion leveraged buyout of ISS A/S, a company listed on the Copenhagen Stock Exchange
• Acting for Royal Bank of Canada as lead arranger of £385 million senior and mezzanine facilities for the leveraged buyout of National Car Parks by 3i
• Acting for One Equity Partners and Mauser Werke GmbH & Co. KG in relation to the acquisition by Mauser of the Mamor Group in Italy, France and Germany, and the National Container Group in the United States and its subsequent leveraged recapitalization
• Representing Nomura as the provider of a US$230 million mezzanine loan to finance part of the purchase price for Marubeni/TEPCO's acquisition of the Philippine power operations of Mirant
• Acting for a consortium comprising a leading Asian private equity fund and a major Australasian private equity fund in relation to their acquisition of a leading manufacturer of ready-to-drink alcoholic beverage for a price reported to be in excess of NZ$1.2 billion
• Acting for SMBC, Development Bank of Japan and Goldman Sachs in relation to the US$540 million refinancing of a loan facility to Universal Studios, Japan where the equity divisions of Goldman Sachs and Development Bank of Japan provided US$227 million in preferred shares
• Acting for a bank in relation to the US$162 million financing for the acquisition of Meiko Shokai Co. Ltd. by way of a TOB and subsequent delisting
• Acting for a major Japanese bank acting as sole mandated lead arranger of their first leveraged finance transaction in Australia backing the A$250 million secondary buyout by an Asian private equity fund of a leading Australian and Asian pallet hire company and its subsequent leveraged recapitalization
• Acting for a consortium comprising a major Australasian private equity fund and the private equity arm of a global investment bank on their successful public to private of a credit rating firm for a total transaction value in excess of A$1 billion
• Acting for one of the lead arrangers in relation to the US$11.6 billion financing for the acquisition of Vodafone Japan by Softbank. This deal is the biggest leveraged buyout in Asia and the biggest tender offer in Japan to date