Hopping Green & Sams’ indenture trustee and investor practice includes representation of institutional high-yield funds in pre-purchase due diligence and negotiation on pending tax-exempt bond offerings, and representation of indenture trustees on distressed or defaulted projects and tax-exempt bonds.
Such transactions are complex with no two transactions or projects being alike; therefore, we leverage the breadth and depth of our lawyers’ experience on such transactions – which, uniquely, includes use of internal subject-matter expertise in land use, real estate, construction, civil and appellate litigation, and environmental matters – in order to efficiently and effectively maximize outcomes for investors and indenture trustees. Because of this experience, indenture trustees and institutional investors have entrusted Hopping Green & Sams to represent its interests on land-secured transactions and projects throughout the United States.
Areas of Service
Our practice is built upon our lawyers’ involvement in more Florida land-secured bond transactions than any other firm.
Our indenture trustee and investor practice includes:
• Pre-Issuance Project, Security, and Financing Analysis: We assist fixed-income funds in project, security, and other financing due diligence and represent their interests in the negotiation and closing of related bond offerings.
• Post-Issuance Project, Security, and Financing Analysis: We assist indenture trustees in due diligence of distressed or defaulted projects and related bonds including, but not limited to, reviewing project permits and approvals; perfection of pledged security interests; and borrower and issuer compliance with financing documents.
• Project Realignment and Bond Restructuring: We assist in developing strategies for resolving distressed or defaulted projects and bonds in a manner that is in the best interests of beneficiaries of the trust – the owners of the bonds. Such efforts include negotiating and documenting agreed-upon restructurings and, if negotiations are unsuccessful, enforcing rights and remedies of the indenture trustee and subsequently liquidating troubled assets.
• Civil and Appellate Litigation: We develop and implement strategies to protect the rights, enforce the remedies, and guard the liabilities of investors and indenture trustees.
Our approach to serving clients in this practice area relies on our extensive experience in land-secured financings, use of integrated strategies and efficiencies, and proactive engagement and oversight. We also recognize that each project has its own unique characteristics; therefore, we assemble a “team of interchangeable parts” for each project to ensure that only those persons with the requisite skill level and expertise are used. Experience has proven that developing teams in such a manner maximizes efficiencies and client outcomes.
Finally, we know that in both the role of purchaser’s counsel pre-closing and trustee’s counsel post-closing, time is of the essence and the issues affecting a transaction may be unclear. With this in mind, we are very proactive in engaging with the attorneys and consultants involved, assessing the characteristics of the project or transaction, and developing strategies to protect the interests of the indenture trustee and investors.
Our abilities and the success of our approach is demonstrated by our continuous engagement by institutional fixed-income funds and indenture trustees in projects across various sectors of the market – e.g., charter schools, multi-family housing, hospitals and land-secured – and across the country. To learn more, contact one of our lawyers in the investor and indenture trustee practice group.