Latham’s Asset-Based Lending (ABL) group advises the full spectrum of lenders, from commercial banks to private credit providers, as well as equity sponsors and borrowers, across all asset classes and global jurisdictions. Long at the cutting edge of asset-based lending, Latham routinely advises on pioneering transactions, and has been at the forefront of implementing innovative ABL structuring solutions in multiple jurisdictions. 

Comprehensive Support for ABL Lenders and Borrowers

We provide comprehensive support to traditional ABL lenders and borrowers in managing both domestic and cross-border loans, and providing on-the-ground tax and regulatory support, including in jurisdictions where the ABL space remains nascent. We also advise private credit lenders on bespoke ABL transactions, offering tailored solutions that leverage our up-to-the-minute understanding of market and regulatory conditions. Leveraging our experience advising clients on both the lender and borrower side of ABL financings, we bring an insightful and nuanced perspective to each transaction.

Latham regularly advises on asset-based:

• Acquisition financings
• Leveraged buyouts
• Net Asset Value (NAV) facilities
• Corporate workouts and out-of-court debt restructurings
• Debtor-In-Possession (DIP) financings
• Project financings
• Back-leverage facilities
• Reserve-based loans

Across All Asset Classes, Traditional and Novel

We advise on loans secured by a wide and diverse array of asset classes, drawing on Latham’s deep industry insight, including in the healthcare, retail, entertainment, energy, infrastructure, and technology sectors, among many others. In addition to traditional asset classes, such as accounts receivable, inventory, and cash, our ABL practitioners have also advised on asset-based loans secured by numerous non-traditional assets, including:

• AI / growth tech assets and data centers
• Intellectual property, music royalties, and subscription revenues
• Investment fund portfolios
• Distressed collection pools
• Precious minerals and proven oil reserves
• Energy and infrastructure projects
• Plant, machinery, truck chassis, and container assets

Global, Cross-Disciplinary ABL Capabilities

Latham’s ABL team leverages the firm’s global strengths across banking, direct lending, private equity sponsor finance, project finance, structured finance, fund finance, tax, and restructuring to deliver unparalleled, comprehensive support. Our ability to navigate cross-border transactions, coupled with market-leading regulatory, tax, and bankruptcy capabilities, allow us to craft bespoke financing structures that meet our clients’ specific needs. Whether addressing the concerns of traditional lenders or navigating the emerging trends in private credit lending, our team is committed to delivering strategic, tailored solutions to advance our clients’ objectives.