LBO

LBO counsel, leveraged acquisition and financing.

Whitepeak Law advises funds and management teams on their leveraged buyout transactions: structuring, transaction documentation, management packages, and post-acquisition monitoring.

Practices

Areas
of practice.

Transaction structuring

Implementation of the LBO legal structure: creation of the acquisition vehicle (NewCo), organisation of relations between financial sponsors, management, and lenders, structuring of debt and equity instruments.

Transaction documentation

Drafting and negotiation of the full transaction documentation: SPA, SHA, credit agreement, subordination deed, representations and warranties, and commitment letters.

Management packages

Structuring of management packages associated with the LBO transaction: incentive mechanisms, sweet equity, ratchets, warrants, free shares, and good and bad leaver provisions.

Post-acquisition monitoring

Post-acquisition support: governance of the target company, management of shareholder relations, monitoring of contractual obligations, and preparation for fund exit.

Clients

The clients we advise.

Private equity funds

Support throughout the structuring and execution of LBO transactions: legal due diligence, negotiation of acquisition and financing documentation, closing and portfolio monitoring.

Management teams (MBO/MBI)

Advice to managers seeking to buy out their company or acquire a target company, with particular attention to incentive mechanisms and negotiations with sponsor funds.

Banks and lenders

Structuring of leveraged financings: documentation of senior and mezzanine loans, guarantees, covenants, and enforcement mechanisms in the event of difficulties.

Regulated sector players

LBO transactions involving licensed companies: coordination with supervisory authorities to preserve authorisations upon change of control.

Approach

A practice driven by decisions.

Technical mastery of LBO mechanics

LBO transactions have their own technical specificity requiring deep expertise in financing mechanisms, capital instruments, and transaction documentation. Whitepeak Law commands these instruments.

Senior attention on every matter

Every matter is handled by the founding partner. First point of contact, last reviewer. No delegation of judgment on matters that are structurally important to the client.

Cross-disciplinary coordination

Coordination with tax, financial, and due diligence advisors. Strategic vision of transactions beyond the legal dimension alone to optimise outcomes for clients.

Paris Bar·UCLA School of Law·MIT Sloan School of Management·White & Case·Allen & Overy·Former Partner, Beaubourg Avocats

Your LBO transaction.

Confidential initial consultation to analyse your transaction, identify the key legal issues, and define the best approach for your leveraged buyout.

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