Debt Finance


The Baker Botts Debt Finance team, which includes lawyers in the American College of Investment Counsel and those who are recognized in multiple peer-based and client-based listings, represents financial institutions, corporate borrowers, securities issuers and other participants in complex debt financings and liability management transactions.

Our Practice includes:

Bank Financings:
Our experience includes first lien/second lien structures; commercial bank credit facilities; working capital, bridge, letter of credit and other acquisition and leveraged recapitalization facilities; receivables-based financings; debtor-in-possession, bankruptcy financings; and workouts and restructurings. We also have significant experience in the substantial complexities of a cross-border investment.

Private Placements:
We counsel clients in private placements, including secured and unsecured senior debt, subordinated debt, convertible debt, preferred stock and other equity interests, warrants, trust-preferred securities, securities issued in leveraged ESOP financings and credit tenant loans.

Mezzanine Financings:
We help clients address the complexities inherent in these transactions, from subordination terms and other intercreditor issues to concerns that relate to the mezzanine lender’s equity or equity-linked investment.

Asset-Based Leasing and Equipment Leasing:
We represent lessees, lessors and others in creating and perfecting security interests in all types of collateral and in intercreditor arrangements. We have experience in leasing transactions involving many different types of assets, including aircraft, rolling stock, medical equipment, and vessels and other maritime assets.

Securitizations and Structured Financings:
Our securitization transactions involve assets such as: automobiles; commercial and residential mortgages; commercial real estate; structured litigation settlements; stranded costs for utilities; revenue streams under information technology services agreements; credit card receivables; and trade receivables for clients in the energy, petrochemical, computer, building products, consumer products and manufacturing industries. We also advise on leases, project financings, and credit-enhanced issues of industrial development and other tax-exempt bonds.

We assist clients in structuring and negotiating derivative products, including equity, debt, credit, commodity, interest rate and currency derivatives. We have helped clients hedge various risks, monetize various assets and finance the acquisition of various assets on favorable terms, including the financing of equity and debt repurchase programs of issuers.

Financial Institutions Regulation:
We advise state and federal regulatory compliance; corporate governance; mergers and acquisitions of banks and bank holding companies; branching; operation of investment vehicles; trust operations and issuance of trust-preferred and other securities. We have significant experience in cross-border regulation, including U.S. regulation of foreign banking and foreign regulation of U.S. and other financial activities.

Aircraft Ownership Financing:
We advise purchasers, sellers, operators, lessees, lessors and financiers of aircraft on the tax issues involved, as well as trade, liability, commercial, insolvency, general finance and FAA regulatory issues. We provide tax advice and representation to several U.S. major and regional airlines.