Different types of transactions will require different funding structures and have different commercial drivers and issues. There are a number of factors that can impact on parties successfully completing a transaction. Speed of execution, confidentiality, ability to carry out due diligence and reliance on reports, take-out/refinancing options, certainty of funds and credit requirements of financiers, to name a few. These factors are overlaid by the strategies and optimal tax or accounting outcomes desired by the parties involved in the transaction.
Our banking and finance team advises a broad range of senior and mezzanine financiers and sponsors in the financing of merger and acquisition transactions. Our experience extends from management of leveraged buy-outs and trade sales, to public takeovers and schemes of arrangement. We provide our clients with a full service offering, working closely with other relevant specialists across the firm in associated areas such as corporate, competition law and tax.
We are proactive in anticipating the key legal issues our clients may face and identify how these can be addressed most efficiently. These issues can range from legal due diligence on security issues where the target provides financial assistance in a share acquisition, to stamp duty and other tax considerations and intercreditor arrangements. Our approach is to cut through the legal complexities to assist our clients complete the deal as efficiently as possible, whilst at the same time protecting their legal interests.
- JB Hi-Fi: Acted in relation to syndicated facilities to fund its acquisition of The Good Guys;
- A major Australian trading bank: Acted in connection with acquisition finance facilities provided to the purchasers of Focus on Furniture;
- Owners of the Décor business: Acted in relation to vendor finance provided in connection with the sale of Décor to a South African private firm (C2C Capital);
- A major Australian trading bank: Acted in relation to syndicated facilities provided to the Dixon Hospitality Group to fund the acquisition of various portfolios and stand alone pubs, hotels and other hospitality businesses;
- A major Australian trading bank: Acted in connection with acquisition finance facilities provided to the purchasers of Smoke Alarm Solutions Australia;
- A major Australian trading bank: Acted in respect of acquisition facilities provided to Blue Sky Private Equity for the purchase of an integrated Citrus producer;
- Public transport industry: Acting for the club financiers of one of Australia’s largest operators in the public transport industry, which featured a multi-layered security sharing structure with the borrower’s asset financiers; and
- Lead arrangers/underwriters: Acting for the lead arrangers/underwriters in the club (and then restructured as syndicated) financing for Wesfarmers’ bid for Coles by way of scheme of arrangement.