Drawing upon the firm’s extensive understanding of the complexities of alternative and special purpose business entities, clients are provided counsel in a wide array of transactions and financings. As an example of the strength of the firm's practice, Potter Anderson is one of only two Delaware law firms with a legal opinion that has been approved by Standards & Poor’s. Designed specifically to take advantage of alternative entities, the transactions include secured and unsecured financings, acquisition financings, asset-backed and collateralized structures, project financings, bankruptcy-remote structures, and the emerging area of premium finance and life settlement transactions.
The attorneys in this practice:
- Represent lenders, borrowers, and other parties
- Counsel on the formation, utilization, operation, and dissolution of alternative entities
- Have experience in dealing with special-purpose corporations, general partnerships, limited partnerships, limited liability partnerships, limited liability limited partnerships, limited liability companies, and statutory and common law trusts.
- Render third-party legal opinions relied upon by other parties, rating agencies and government authorities.
- Advised one of the largest nonprofit scientific and educational institutions in the world in connection with an innovative film financing to produce 18 feature-length theatrical motion pictures and giant screen theatrical motion pictures over a five-year period.
- Advised a global telecommunication company as borrower and issuer in connection with Delaware alternative entity and perfection matters relating to its and its affiliates of senior secured first lien credit facility, senior secured second lien credit facility and senior secured third lien convertible notes totaling more than $200 million.
- Advised the largest provider of beverage quality bulk CO2 services for the food service and hospitality industry and related special purpose entities in a $500,000,000 “whole company securitization.” The transaction is one of only a handful of successful whole company securitizations.
- Advised an MLB club and related special purpose entities in connection with a financing for a new $400,000,000 stadium.