< Directory Nicholas A. Whitney

Nicholas A. Whitney specializes in lending transactions in both the non-investment grade and investment grade companies. He represents banks, investment banks, hedge funds and other financial institutions in connection with direct lending, as well as investments in syndicated loans in the secondary market. Mr. Whitney has extensive experience representing lenders in senior secured, first lien and second lien loan transactions, unsecured transactions and subordinated loan transactions. He regularly advises lenders in acquisition financings, cash-flow and asset based transactions, special situations and middle market lending. He also has experience with reorganizations and workouts, including in connection with debtor-in-possession facilities and Chapter 11 exit facilities.

Recent transactions include:

• Represented a major investment bank’s middle-market lending division in connection with $60 million of first lien financing provided to a publishing company;
• Represented a prominent hedge fund in connection with a $45 million second lien credit facility provided to an office imaging distributor;
• Represented a major investment bank in connection with $82 million of senior secured syndicated credit facilities provided to the investment bank in connection with the investment bank’s leveraged buy-out of a Mexican cinema company;
• Represented a prominent hedge fund in connection with a $20 million debtor-in-possession financing provided to an energy company;
• Represented a major investment bank in connection with a $30 million debtor-in-possession financing provided to a power generating facility;
• Represented a major investment bank in connection with a restructuring of a $54 million facility provided to a newspaper publishing company;
• Represented a prominent hedge fund in connection with the restructuring of a $1.2 billion facility provided to a wireless services provider;
• Represented a prominent hedge fund in connection with a $20 million delayed draw term loan to a gaming company; and 
• Represented a major investment banker in connection with a $90 million credit facility provided to an entertainment company.
  

News

• "Unanimous Lender Consent Provisions: Protection?" by Nicholas Whitney and Keith Sambur appears on Law360

Seminars & Speaking Engagements

• Presentation: The 3rd Global Distressed Debt Investor Forum
• Presentation: Distressed & Turnaround Investment Conference

Publications

• Unanimous Lender Consent Provisions May Not Provide the Protection Expected
• UPDATE: Using Incremental Facilities to Exchange Bond Indebtedness - The Realogy Decision
• Using Incremental Facilities to Exchange Bond Indebtedness
• Lending, Investing and Trading After the Market Break
• The Defaulting Lender in Today's Loan Market
• Purchases of Bank Loans by a Borrower or its Sponsor
• Memorandum Regarding Incremental Loan Facilities: Key Provisions