What We Do
We provide a full service offering to UK and overseas lenders, borrowers and sponsors in relation to a wide range of leveraged and acquisition finance transactions.
Our specialist team advises on the senior, mezzanine and junior debt finance aspects of corporate acquisitions (including management buy-outs and buy-ins) and in relation to the security structures and intercreditor/priority issues arising in such transactions.
We help borrowers and investors achieve the funding structure they require whilst ensuring that the facility is workable and not unduly restrictive.
Following an acquisition, we can assist with the negotiation of any additional funding requirements to assist with day-to-day cash flow and capital expenditure of the business.
In particular, we can draft, negotiate and provide advice on the following:
- Bilateral and syndicated/club loan agreements in relation to a wide range of acquisition facilities, including term loans, overdrafts, revolving credit, multi option and ancillary facilities
- Security arrangements in relation to corporate and leveraged acquisitions (both UK and cross-border)
- Intercreditor arrangements, including deeds of priority and subordination and in relation to mezzanine debt
- The early stage in transactions. This can include drafting term sheets, advising on deal structures, identifying legal challenges at the outset and offering solutions/risk management strategies to enable deals to complete safely for both lender and borrowers
- Advice and legal due diligence reports in connection with sale and purchase agreements and disclosure letters
- Liaison with a client’s corporate finance and tax advisors in relation to all non-legal due diligence
Why Choose Irwin Mitchell?
Acting for lenders and borrowers, we have insight into leveraged and acquisition finance transactions from all perspectives. This allows us to quickly identify the issues that are likely to arise, and prepare for them with solutions that should be acceptable to all parties.
Our specialists in leveraged and acquisition finance are supported by our teams in corporate, real estate, tax, employment, pensions, insolvency and restructuring. The team has many years’ experience advising in complex acquisitions and overseas, by both asset and share purchases.
Getting a deal to completion is our primary goal; we protect your interests, but always give practical, commercial advice. We negotiate on the points that matter, and don’t waste time and money on those that don’t.
Recent Leveraged And Acquisition Finance Work
- We advised the Lion City Group on the facilities for the acquisition of Spear & Jackson Group (a UK manufacture of a range of tools and devices for industry and consumers) and Pantene Industrial Company (a Chinese contract manufacturer) from United Pacific Industries, a company listed on the Hong Kong Stock Exchange, involving the raising of senior debt and asset based finance in the UK, Hong Kong and a number of other jurisdictions (total facilities cUS$50m).
- We advised Encon Group on its refinancing, including £19m senior leveraged facilities provided by a Luxco debt fund, arranged by US hedge fund Farallon Capital and £35m asset based lending facilities provided by Lloyds Bank Commercial Finance and advising on the acquisition at a discount of a £32m loan note issued by the Encon Group to its historic parent company the Wolseley Group.
- We advised Lloyds Structured Finance on the provision of £25m revolving credit facilities to Pressure Technologies plc to fund the acquisition of Quadscot Holdings Limited and to meet the working capital needs of the enlarged group.
"Recognised for its strength across the full spectrum of asset-based lending matters."
Chambers & Partners, 2016
"Knowledgeable, friendly and approachable."
Legal 500, 2015
"We've been impressed with their quality, their speed and their fees."
“[Irwin Mitchell is] noted for its local bench strength and depth of resources”
Quoting a client: “[Dean Gormley] gave well-rounded advice and was very commercial and pragmatic in getting deals done without comprising my position”
"'Exceptionally experienced in the ABL sector', the practice handles sophisticated cross-border transactions."
Legal 500, 2014