Finance

Efficient, Effective, Experienced

Read our Dodd-Frank Act Briefing

Capital is the universal commodity of business. Adequate access to capital for operations, expansions, and restructurings is essential for any company or venture, and often the most practical solutions are financing vehicles. As business counselors who understand the long-term implications of each transaction, Haynes and Boone helps bring lenders and borrowers together at the negotiating table. We understand what our clients want, and our objective is to help them achieve their goals - efficiently and effectively.

Haynes and Boone has the technical experience and creativity to structure new and sophisticated ways to address our client’s needs as they navigate through the ever-changing maze of regulatory requirements and the complexities of today’s financing vehicles. Our finance team, which has more than 55 lawyers in Texas, New York, Washington, D.C. and Mexico City, represents domestic and foreign borrowers, domestic, international, asset-based and commercial and investment banks, non-bank credit companies, vendors, financial sponsors, private equity and hedge funds, investment funds, and venture capital funds. Having represented parties on all sides of the financing negotiation table, we are experienced in handling:

Acquisition and leveraged financings Asset-based financings Capital commitment subscription financings Capital markets transactions Commercial paper back-up facilities Debtor-in-possession financings Debt/equity hybrid transactions Derivatives Energy lending Financial regulatory compliance Financial regulatory matters Government financing and investment programs Leasing Letter of credit facilities Media and telecommunications lending Middle market and private lending transactions Mortgage warehouse facilities Multi-currency and cross-border financings

Non-performing loans, workouts, and debt restructurings Oil and gas reserve-based financings PIPEs transactions Production payment financings Project finance Public and private debt placements Real estate finance Redemption and liquidity credit facilities Securitizations Second lien credit facilities Servicing agreements Structured financings Subordinated and mezzanine debt transactions Syndicated investment grade and non-investment grade financings U.S. inbound investment Venture capital transactions

Depth and Breadth of Experience

Our technical experience in a full range of debt and capital markets products enables us to structure financings for a wide spectrum of industries, including:

Automotive supplies Cargo and passenger airlines Energy and power Health care Hospitality, resort, and lodging Infrastructure private equity funds Insurance and financial institutions Manufacturing

Media and telecommunications Mining Real estate development and construction Real estate private equity funds Retail and restaurants Sports and entertainment Technology Trucking

Global Reach

The Haynes and Boone team has also regularly advised and structured transactions involving Asian, Canadian, Latin American, Mexican, Russian, and European countries and currencies and has handled numerous project finance cross-border transactions involving various countries including Canada, Latin America, Mexico, Poland, Luxembourg, the Czech Republic, Bermuda, Cayman Islands, British Virgin Islands, U.S. Virgin Islands, Jamaica, Trinidad, the Bahamas, Curaçao, Puerto Rico, Hong Kong, Japan, India, Singapore, China, South Africa, Mozambique, Columbia, Brazil, Turkey, Egypt, Indonesia, the Philippines, Thailand, New Guinea, India, Iraq, England, and European countries.  

Recognized Leaders in Finance

• In 2011, the Loan Pricing Corporation Law Firm League Tables (a national ranking of law firms handling syndicated loan transactions on behalf of lead arrangers, agents, or borrowers) ranked the firm 12th in the volume of syndicated loans handled by the firm on behalf of the lead agent, arranger, or bookrunner. In 2011, the firm represented lead agents, arrangers, or bookrunners in credit facilities totalling over $33.4 billion in commitments. 
• Private Equity Real Estate’s 2010 Global PERE Awards ranked Haynes and Boone third among North American Law Firms of the Year for fund formation and second in Asia Law Firms of the Year for transactions based on the firm’s high volume of work in capital commitment subscription financings in the two regions.
• Private Equity Real Estate’s 2010 Global PERE Awards North American Deal of the Year category honored two transactions with second and third place respectively.   
• The Best Lawyers in America® - Banking Law recognized multiple team members as best lawyers in 2011.
• Chambers USA: America’s Leading Business Lawyers, 2011, ranked Haynes and Boone as a leading United States banking and finance firm. Two of the section’s lawyers were honored as leading Banking and Finance lawyers and another for Real Estate Finance in 2011.
• Best Lawyers and U.S. News “Best Law Firms” Survey ranked the firm’s Banking and Finance practice National Tier 2 and the Project Finance practice National Tier 1 in its 2010 inaugural survey.
• Private Equity Real Estate’s Global 2008 PERE Awards named Haynes and Boone among the top three Global Law Firms.

Featured Experience

Capital Commitment Subscription Financings

Haynes and Boone represents many U.S. and foreign commercial and investment banks agenting capital commitment subscription financings for private equity funds in North America, Europe and Asia. In the last two years alone, we have represented investment and commercial banks and other financial institutions as lead agent and arranger in structuring and documenting capital commitment subscription facilities with total value of more than $20 billion, to domestic and global real estate and non-real estate private equity funds.

Energy Finance 

Understanding the intricacies of the energy business and staying attuned to industry developments enables our lawyers to represent lenders, investors, borrowers, and others in a broad range of financing transactions, including oil and gas and other natural resources, electric power, and emerging renewable and alternative energy sources. Our proven understanding of the industry enables us to identify issues quickly, analyze the risks associated with operations and other aspects of the business, title and environmental liabilities, and advise both lenders and borrowers on the critical issues inherent in energy financing transactions.

Financial Regulatory 

Our Financial Regulatory lawyers possess extensive experience counseling and representing financial institutions, holding companies, and non-bank entities concerning compliance with federal and state laws. We represent clients such as the Federal Deposit Insurance Corporation; Board of Governors of the Federal Reserve System; Office of the Comptroller of the Currency; Office of Thrift Supervision; Securities and Exchange Commission; Financial Industry Regulatory Authority; Financial Crimes Enforcement Network; and Office of Foreign Assets Control. From drafting to enactment, our lawyers follow new legislation, enabling them to help clients understand the implications of new regulations, including the complex Dodd-Frank Act.

Prime Brokerage and Equity Lending 

Our New York-based Prime Brokerage and Equity Lending Practice Group advises domestic and international financial institutions, including banks, investment banks, broker-dealers, hedge funds, private equity funds and high net worth individuals in connection with prime brokerage and finance transactions, structured products or trades, custody and collateral matters and other general prime brokerage matters, both transactional and regulatory. Our practice is comprised of lawyers from multiple disciplines across the firm, which gives our clients access to both buy- and sell-side markets, a rare and distinctive benefit that delivers access to talent, market data and information.

Projects 

Our Projects lawyers provide cutting-edge advice to clients in major domestic and foreign industrial and infrastructure projects. Their experience spans the upswings and downswings in the economic cycles of the last four decades, and a wide array of technologies and industries. Consistent with our core vision of representing clients, not merely transactions, our practice provides legal support across all major disciplines that affect a client’s investment in a project throughout its life cycle – from early-stage development and regulatory issues through mergers, acquisitions, restructurings and public offerings.

Real Estate Finance 

In this rapidly changing economy, our New York and Texas based lawyers understand and appreciate the market sensitivities and issues peculiar to companies in the real estate finance industry. We help national and international banks, other financial institutions, insurance companies, owners and users in structuring and documenting credit facilities and capital markets transactions involving real estate investment trusts, private real estate opportunity funds, the lodging industry, homebuilders, commercial real estate developers, and other owners and operators of real estate. We also represent real estate developers in a wide variety of real estate financings, including construction loans, refinancings, permanent loans and mezzanine loans in virtually each type of property use – land acquisition, multi-family, condominium, hotel, office and retail space.

Restructuring, Workouts and Recapitalizations 

With one of the largest workout practices in the country, our finance team, together with our bankruptcy team, works closely with clients dealing with debt restructures and workouts, and business reorganizations. We provide exactly the kind of resources and capabilities clients expect from a large, highly ranked, international finance practice. We have significant experience in the structuring and negotiation of complex commercial transactions involving insolvency-related issues, enabling us to secure optimum recoveries as we pursue every option from reorganization to liquidation of the debtor.