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Acquisition & Leveraged Finance

Financing Structured to Close the Deal and Survive What Comes After

Averites advises companies, private equity sponsors, investors, lenders and acquisition vehicles on financing acquisitions, leveraged buyouts and other corporate transactions.

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OUR APPROACH

How We Advise on Acquisition and Leveraged Finance

  1. Why Financing and the M&A Transaction Must Move Together

    Acquisition finance requires close coordination between the financing and the underlying M&A transaction. The acquisition agreement, financing commitments, regulatory approvals, equity contribution and closing mechanics must operate together if the buyer is to have sufficient funding certainty at completion. Our Corporate & M&A and Finance lawyers therefore work as a coordinated transaction team from the outset.

  2. Advising Both Buyers and Lenders

    We advise buyers and sponsors on the financing structure, commitment papers, term sheets, interim financing arrangements, credit agreements, guarantees, collateral packages and conditions to funding. We also assist lenders and other capital providers in evaluating the acquisition structure, transaction documentation, borrower group, collateral and post-closing capital structure.

  3. Financing Structures We Work With

    Depending on the transaction, acquisition financing may involve senior secured facilities, revolving facilities, bridge financing, mezzanine or subordinated debt, private credit, shareholder financing or combinations of debt and equity capital.

  4. Aligning Financing Conditions With the Acquisition Agreement

    We focus particularly on the relationship between the financing conditions and the acquisition agreement. A financing structure should provide sufficient certainty that the acquisition can close while avoiding unnecessary restrictions on the buyer’s ability to operate, integrate or refinance the acquired business afterward.

  5. Post-Closing Integration and Security

    Following completion, we assist with post-closing security, the accession of acquired entities to the financing arrangements, the refinancing of existing target debt, and the integration of the acquired group into the buyer’s financing structure.

  6. Refinancings and Recapitalizations After Acquisition

    We also advise on refinancings and recapitalizations following acquisitions, including transactions designed to replace acquisition financing, extend maturities, reduce financing costs or return capital to shareholders.

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New York c/o Chornous Law PLLC
30 Wall Street, 8 Floor
New York, NY 10005
Phone: +1 650 382 7764
London 124 City Road
London, England
EC1V 2NX
Phone: +44 7405 138109
Kyiv 11 Panasa Myrnoho Street
Office 1/1
Kyiv, 01011
Phone: +380 63 148 27 37

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FAQ

Frequently Asked Questions

  • Acquisition finance requires close coordination between the financing and the underlying M&A transaction. The acquisition agreement, financing commitments, regulatory approvals, equity contribution and closing mechanics must operate together if the buyer is to have sufficient funding certainty at completion. Our Corporate & M&A and Finance lawyers work as a coordinated transaction team from the outset.

    • Both. We advise buyers and sponsors on the financing structure, commitment papers, term sheets, interim financing arrangements, credit agreements, guarantees, collateral packages and conditions to funding, and assist lenders in evaluating the acquisition structure, transaction documentation, borrower group, collateral and post-closing capital structure.

      • Depending on the transaction, acquisition financing may involve senior secured facilities, revolving facilities, bridge financing, mezzanine or subordinated debt, private credit, shareholder financing or combinations of debt and equity capital.

        • We focus particularly on the relationship between the financing conditions and the acquisition agreement. A financing structure should provide sufficient certainty that the acquisition can close while avoiding unnecessary restrictions on the buyer’s ability to operate, integrate or refinance the acquired business afterward.

          • No. Following completion, we assist with post-closing security, the accession of acquired entities to the financing arrangements, the refinancing of existing target debt, and the integration of the acquired group into the buyer’s financing structure.

            • Yes. We advise on refinancings and recapitalizations following acquisitions, including transactions designed to replace acquisition financing, extend maturities, reduce financing costs or return capital to shareholders.