Sidley has, for decades, pioneered the development of innovative financial instruments for the world’s financial markets and that reputation for innovation extends to the Asia Pacific region. In China, our professionals provide a range of sophisticated services to the market participants in the financial services industry.
Asset-based Debt Finance, Leveraged Finance and Structured Finance
Sidley lawyers provide a full range of legal services to the regional and international financial services industry, including:
- acquisition finance
- asset based lending
- leveraged finance
- privately placed lending facilities
- commercial property finance
- structured finance
- construction and development loans
- secured and unsecured financings
Sidley also represents borrowers in a variety of financings throughout a wide range of industries, including agribusiness, automotive, consumer products, energy, financial services, healthcare, insurance, master limited partnerships, mining, manufacturing, oil and gas, pipelines, pharmaceuticals, real estate, retail, regulated utilities, technology and telecommunications. Working in tandem with other practice groups, we guide our company clients through the structuring and negotiation of a variety of financing facilities including working capital facilities, pre-IPO facilities, high yield debt issuances, private equity financings, leveraged acquisition and recapitalization facilities, spinoff financings, workouts and post-insolvency lending.
Workouts and Restructurings
Sidley lawyers have significant workout and restructuring experience, on behalf of both lending and debtor clients, with respect to a variety of financing transactions. Our experience includes representing debtors and lenders in liquidity facilities, debt-to-equity exchange transactions, out-of-court sale processes, distressed asset purchases, insolvency financings, plan of reorganization exit financings, bankruptcy sales and the interpretation, negotiation and resolution of complex intercreditor and subordination issues attendant to these situations.
Financing of Esoteric Assets
We assist clients in the structuring and documentation of financing transactions involving not only traditional baskets of collateral such as trade receivables, credit cards, leases, inventory, property, plant and equipment, but also more esoteric, and often illiquid, specialty finance assets, such as satellites, coal export receivables, cell towers, servicer advances, royalty payment streams, film revenues, future flows, utility receivables, whole business securitizations and life contingent contractual cash flows. The financing of these assets is often facilitated by creative structures that we have developed such as reliance on bilateral investment treaties to reduce sovereign risk.
Structured Trade Finance
Our lawyers have represented financial institutions and other lenders on a range of structured trade finance transactions over the years, especially with respect to the financing of commodities. These secured, tailored structures are typically cross-border with multi-jurisdictional collateral issues to address, arising in both developed and emerging economies. The format might be one among several, including pre-export finance, the financing of receivables or payables, extensions of credit linked to repurchase obligations, warehouse finance, borrowing base facilities, and the financing of production facilities. Our experience with these forms of global supply chain financing has covered an array of natural resources: energy, metals, gold, agriculture, livestock, and recently even aquaculture. Given the competitive nature of this sector, we have also negotiated intercreditor and subordination agreements particular to structured trade financings.