Private Placements

Leading Institutions. Challenging Transactions. Creative Problem Solving.

For over six decades, Milbank has represented leading US institutional investors in their acquisitions of privately placed debt and equity securities. Because of the leading positions of the institutions which we regularly represent, our lawyers have time and again been involved in the most novel and challenging transactions that the private placement market has to offer, and have developed a well-deserved reputation for creative problem solving.

Our private placement lawyers have acquired a knowledge base as to the special requirements and preferences of institutions which enables us to bring added value to the structuring, negotiation and consummation of financing transactions on their behalf. And the availability of close support from lawyers in our Tax, Finance, Executive Compensation and Employee Benefits, Real Estate, Project Finance and Renewable Energy, Private Equity and Financial Restructuring Groups, among others, ensures that all the substantive issues presented by a particular transaction, or transaction structure, can be addressed.

Cross-Border Private Placement Transactions

Closing well in excess of 100 traditional cross-border private placements totaling in excess of $25 billion in the last six years alone demonstrates our preeminence in the area of cross-border private placement transactions. We have worked on private placement transactions involving issuers in numerous jurisdictions, including Australia, India, the UK, Mexico and throughout Europe and Latin America, and across numerous business lines, ranging from oil and gas, infrastructure and power to food and beverage. We are also uniquely suited to draw on our preeminent capabilities in the area of secured lending for the purpose of representing investors in transactions that involve complex intercreditor and collateral packages.

Integration of talent and skills

The partners most actively involved in our private placement practice are located in our New York office, however we draw regularly upon the talents of our partners in many of our other offices, who have a breadth of experience in private placement transactions. Our partners and associates active in the private placement market are very well known to US institutional investors; we are regarded as one of the leading insurance company investment law firms. We are also very well-versed in the Model Form Note Purchase Agreements (which we helped develop) that have become a standard form for the institutional private placement market. Our experience has been that our history with transactional parties in the private placement community proves extremely helpful in both the marketing phase of a transaction and the actual execution of it. Our credibility with US institutional invests has been very helpful in making transactions progress more smoothly and quickly.