Private Credit

Holland & Knight's Private Credit Team is a dedicated group of finance and restructuring professionals who bring deep market knowledge, practical judgment and commercial awareness to every transaction. We understand that our clients' success is measured not by legal victories, but by long-term investment performance. Our interdisciplinary team combines deep financial knowledge with robust restructuring capabilities to structure, negotiate and close private credit transactions across the full capital structure – from senior secured and unitranche facilities to mezzanine, second lien, HoldCo payment-in-kind (PIK) financing, preferred equity investments, and equity kickers and warrants – delivering innovative strategies and successful outcomes under the accelerated time frames that today's market demands.

Like our clients, we recognize that successful credit outcomes often require deep restructuring proficiency. Our Private Credit Team includes leading restructuring professionals with experience across the full spectrum of out-of-court strategies, including Article 9 and strict foreclosures, distressed debt purchases, restructuring support agreements, proxy exercises and other change-of-control transactions, and assignments for the benefit of creditors. When out-of-court agreements or solutions are not achievable, we bring extensive bankruptcy court experience, including negotiating and closing complex debtor-in-possession (DIP) and exit financings.

Working closely with our clients, our restructuring and private credit attorneys are able to craft integrated solutions that guard against risk and maximize recoveries for private investment funds and investors.

A Platform Built for Middle-Market Private Credit

We represent private credit funds, direct lending platforms and other institutional investors in connection with middle-market, clubbed and syndicated credits, distressed debt investments and structured equity investments. Our lawyers take the time to thoroughly understand the particularities of each client's investment strategy and fund structure, enabling us to provide tailored, deal-specific counsel rather than one-size-fits-all documentation.

Market Intelligence and Deal Flow

Our volume of private credit transactions gives us real-time insight into market terms and evolving documentation trends. We leverage this institutional knowledge to advise our clients on market teams, where to push and how to frame issues in the context of current deal dynamics. We understand the competitive landscape you face and the critical balance between instituting appropriate documentation safeguards, delivering deal closings and maintaining a positive borrower experience that wins repeat business.

Commercially Minded, Solutions Oriented

Our attorneys don't simply issue-spot – we deliver creative solutions that stay laser-focused on your objectives. Our client-driven approach focuses on negotiating the points that matter while avoiding overanalysis that impedes deal flow. We understand that helping our clients build long-standing relationships and close transactions efficiently is not ancillary to our work – it is a primary measure of our success.

Partner-Led, Hands-On Execution

At Holland & Knight, our partners are practitioners first and foremost, remaining actively engaged in every phase of a transaction – from initial structuring and term sheet negotiation through documentation and closing. Unlike many firms where partner involvement recedes after the engagement begins, our partners stay embedded in the details of each deal. This hands-on commitment gives our clients the benefit of decades of experience from attorneys who have been at the heart of the private credit industry's growth and development – not merely for client pitches but to secure the best possible outcome on every transaction.

Full-Service Integration

Our private credit lawyers work closely with skilled colleagues across Holland & Knight's innovative industry sector platforms, including tax, real estate, healthcare, national security and defense, transportation, fund formation, regulatory, capital markets and private equity professionals. This cross-disciplinary collaboration enables us to address the complex legal and commercial issues that arise throughout the life cycle of a credit investment, from origination through restructuring.

Additional Restructuring and Bankruptcy Capabilities

When portfolio stress or borrower distress requires decisive action, our restructuring professionals bring the same hands-on, commercially driven approach that defines our origination practice.

Our capabilities span the full spectrum of out-of-court and in-court solutions. We regularly advise private credit funds and secured creditors in connection with Article 9 foreclosures, strict foreclosures, debt-for-equity exchanges, discounted debt purchases and negotiated restructuring support agreements. We also counsel clients on proxy exercises, board reconstitutions and other change-of-control transactions designed to protect creditor interests and preserve enterprise value.

When consensual dispute resolution is not achievable, we represent secured lenders and DIP financing providers in Chapter 11 proceedings. Our team has extensive experience negotiating and documenting complex DIP financings, exit facilities and Section 363 asset sales, and we routinely advise clients on plan confirmation strategies, credit bidding and contested valuation matters.

Our integrated approach – combining deep restructuring experience with an intimate understanding of each client's credit portfolio and investment thesis – allows us to move swiftly and strategically when credits become distressed, delivering outcomes that maximize recovery value.

Deep Alternative Asset Class Knowledge

Holland & Knight's thorough understanding of aviation and maritime finance helps set our private credit platform apart. Our attorneys regularly advise private credit funds and direct lending platforms on secured financings involving commercial and private aircraft, engines, helicopters, vessels, yachts, superyachts and offshore assets – asset classes that demand not only sophisticated credit structuring but also deep knowledge of regulatory frameworks, title and registration regimes, cross-border security interests and industry-specific collateral considerations.

Whether structuring a senior secured facility backed by a fleet of narrow-body aircraft or a mezzanine financing secured by maritime vessels, our lawyers understand the operational realities and residual value dynamics that drive underwriting decisions. This capability enables you to deploy capital confidently into alternative asset classes with the assurance that your security packages and documentation reflect the distinct risks and opportunities these investments present.