Banking & Finance

Horten's finance and M&A experts will guide your company safely through the many phases of acquisition finance. Horten advises both senior lenders, mezzanine lenders, venture capital companies and borrowers in connection with raising of loans for the purpose of corporate acquisitions or in connection with refinancing of existing loans. Our expertise includes both private and public acquisitions, Management Buy Outs (MBO's), Leveraged Buy Outs (LBO's) and other types of acquisitions in Denmark and abroad.

We assist with:

• Conclusion, negotiation and drafting of loan agreements
• Legal opinions and other documentation
• Guarantees and security
• Private equity transactions
• Management Buy Ins (MBI's) and Management Buy Outs (MBO's)

We have wide experience drafting LMA-based loan documentation in both Danish and English, and we are among the few law firms in Denmark being members of the Loan Market Association (LMA).

We also have wide experience in complex cross-border structures with security packages in a number of countries, and we act as sub-contractor for other advisers or as project manager in connection with transactions out of Denmark.

Horten has in-depth expertise in financing of business properties both by way of general loan financing and structured mortgage-backed securities. We also have wide experience in financing of properties abroad, in particular in Sweden, the UK, Germany and France.

We advise lenders, property companies and property funds on all areas relating to investment in real estate and financing of construction and development projects. We assist in establishing and financing property funds and various financing aspects in connection with corporate acquisitions and mergers in the real estate area.

Our advice is innovative ensuring solutions where the underlying cash flow has been adjusted to investor needs, and the legal documentation is structured and adapted accordingly, e.g. by way of bonds products for IPO's or private placement.

Horten has in-depth expertise within financing of major and valuable assets. Our experience within financing of assets covers all aspects from financing of commercial airplanes and ships to business jets and various forms of real estate.

We have wide experience in financing ships in the Danish International Ship Register (DIS) and a number of foreign registers in e.g. Singapore, the Bahamas and Liberia.

Horten's finance experts have in-depth experience in project financing, e.g. financing of wind turbines, wind parks, solar cell parks and other major solar energy plants and projects carried out as Public-Private Partnerships (PPP).

In connection with project finance, we assist with:

• Finance structures
• Choice of corporate form for the project
• Drafting and negotiation of loan agreements
• Guarantees and security 

We also have wide international experience and have advised on a number of projects in Germany, France, Spain, Italy, Ireland, Romania, Bulgaria and Sweden.

Horten advises leasing companies and lessees on all legal aspects in connection with conclusion of leasing agreements. Our expertise covers leasing agreements within all categories of assets and both Danish and international leasing. We have wide experience drafting leasing terms, including adaptation to ABL95 (general conditions for leasing) and repossession of assets. We also have wide experience conducting litigation concerning leasing disputes, in particular in connection with fraud or attempted fraud. 

We assist with:

• Drafting and negotiation of leasing agreements
• Sale and lease back agreements
• Advice on the Danish Act on Credit Agreements in connection with leasing
• Litigation

Horten advises institutional investors, banks and fund managers concerning investments in all types of investment funds and hedge funds.

Our experts have wide expertise in advising on AIFM and in structuring companies and products selling and buying fund management services regulated under the Directive on Alternative Investment Fund Managers.

We assist with:

• Drafting of investment management agreements for asset managers
• Due diligence examinations of investment products for Danish customers and foreign managers
• Structuring and establishment of investments funds
• Navigation in relation to tax rules and other legislation
• The funds' investments in shares, bonds, private equity, derivatives and other financial instruments.

Horten has wide experience in regulatory affairs and regulation of financial companies. Our expertise embraces the regulation of both the products and the conduct of financial companies.

We have particular experience with investment banks, investment management companies and loans to private borrowers.

We assist with:

• Issues relating to licences and exclusive rights
• Ownership
• Management and organisation
• Capital requirements
• Supervisory issues
• Compliance
• Establishment and formation
• Marketing of financial services
• Formation of financial businesses in Denmark – including representative offices, branches and subsidiaries
• Outsourcing
• Representation in cases  before the Danish FSA and other public authorities
• Possibilities of international activities.

Horten has many years' experience advising banks and other lenders and their borrowers in connection with distressed debt in Denmark and abroad.

We assist with:

• Creditor agreements
• Security packages
• Strategic advice on sale and corporate restructuring
• Refinancing of existing loans vis-à-vis lenders and other creditors, financial guarantors and mortgagees, including holders of floating company charges.

We also have many years' experience handling crisis situations – including reorganisation of distressed finance. In addition to the required specialisation within the banking and finance area and within insolvency and restructuring, we have expertise in other relevant areas such as tax, employment, real estate, intellectual property law and dispute resolution.