Alternative Lending

The Practice

Following an established trend in the United States, Irish companies are now regularly availing of finance provided by Alternative Lenders.  Our Alternative Lending Group advises on all aspects of Alternative Lending bringing together expertise from our banking, capital markets, funds and regulatory teams to offer our clients innovative solutions in this fast evolving area.

The Alternative Lending Group is an integral part of our Finance Department. The Finance Department at Arthur Cox is the largest of its kind in Ireland and is constantly at the forefront of developments in finance law and practice. Our practice revolves around four key areas, including asset management and investment funds, banking and other lending transactions, debt capital markets/structured finance and financial regulation. Our finance team is made up of lawyers who are experts in all of these areas. We pride ourselves in offering clients a joined up and integrated approach across practice areas and we excel at advising on transactions which require advice in a number of areas of finance and other areas of law.

Expertise

Our expertise includes:

  • Advising on the establishment, warehousing and exit of lending platforms.
  • Mezzanine lending including the negotiation of intercreditor documentation.
  • Advising the establishment of loan origination funds.
  • Advising alternative lenders (e.g. funds, insurance companies or SPVs) on doing business in Ireland including their regulatory obligations and tax structuring options.
  • Acting for Borrowers availing of finance from alternative lenders in SME business loans, Property and Development Finance.

Experience

Our recent transactions include:

  • Advising WLR Cardinal Mezzanine Finance Company Limited on various development finance facilities including McGarrell Reilly’s Charlemont Regeneration Project and Park Development’s Hanover Quay Development.
  • Advising the Louis Fitzgerald Group on senior and mezzanine facilities provided by AIB and Broadhaven.
  • Advising Activate Capital Limited on the provision of €500 million senior and mezzanine facilities to it by the Ireland Strategic Investment Fund and KKR Credit to fund Irish Residential Projects.
  • Advising Morgan Stanley on its funding of Origin Capital originated and/or arranged loans.
  • Advising Ballymore Group on development finance facilities from NAMA.
  • Advising Canada Life UK on a property finance loan to an Irish investor.