Debt Financing Transactions

Institutional clients have turned to Bass, Berry & Sims for representation in more than $50 billion of debt financing transactions in the last five years.

We represent public and private companies and a broad range of traditional and non-traditional financing providers in a variety of complex financing transactions. Through our representation of both lenders and borrowers, we offer clients a comprehensive perspective on all aspects of debt finance.

We have significant experience negotiating syndicated credit facilities, including term and asset-based credit facilities, construction facilities, project financings, acquisition financings and structured financings with related intercreditor arrangements.

With a strong focus on middle market private equity deals, we regularly negotiate junior and senior credit facilities (frequently coupled with an equity investment and a change of ownership transaction), acquisition facilities, and capital call facilities.

Building on our firm’s strength in the healthcare industry, we have notable experience in healthcare finance transactions, bringing a depth of understanding for clients about companies operating under significant regulatory regimes.

Chambers USA has consistently ranked Bass, Berry & Sims as one of the top banking and finance law firms in Tennessee for the past 13 years. In their research, Chambers concluded the firm is a “Stellar outfit providing services across the financial services spectrum. Represents borrowers and lenders in matters ranging from commercial lending to regulatory compliance. Experienced handling large-scale transactions for a broad range of clients including regional and national banks, insurance companies and private equity firms. Demonstrates expertise in debt refinancing and syndicated loans, as well as bank M&A and the formation of subsidiaries.” (from Chambers USA 2020). Clients reported that the firm offers “great responsiveness and great value” and “when you think of quality firms, you think of these guys. They’re traditionally seen as being at the top” (from Chambers USA 2020); “They are responsive and organized and willing to go the extra mile to get anything done by a certain deadline. They also know our business really, really well.” (from Chambers USA 2019).

  • Syndicated credit facilities.
  • Healthcare finance.
  • Public offerings and private placements of debt securities.
  • Senior, mezzanine and other junior or split collateral credit facilities.
  • Intercreditor arrangements.
  • Acquisition credit facilities.
  • Construction lending.
  • Workouts and restructurings.
  • Asset-based credit facilities.
  • Project financings.
  • Sale/leaseback transactions.
  • EB-5 Immigrant Investor Program financial transactions.

Who we serve:

  • National, regional and local banks.
  • Public and private borrowers.
  • Private sponsors and their credit arms.
  • Issuers, underwriters and placement agents.
  • REITs and REOCs.
  • For-profit healthcare companies.
  • Distressed asset investors.
  • Regional Centers, investors and developers affiliated with the EB-5 Immigrant Investor Program.
  • Representation of  Tivity Health in a syndicated loan transaction providing the company with a $400 million senior secured term loan B facility and a $100 million senior secured revolving facility.

    We represented Tivity Health in a syndicated loan transaction providing the company with a $400 million senior secured term loan...
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    Client Type: Public Company
  • Representation of a privately held real estate development and management firm in an over $300 million sale-leaseback and portfolio financing transaction for a Fortune 500 telecommunications company.

    We represented a privately held real estate development and management firm in an over $300 million sale-leaseback and portfolio financing...
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    Client Type: Private Company
  • Representation of NN, Inc. (NASDAQ: NNBR) in a new financing with J.P. Morgan, funds managed by Oaktree Capital Management, L.P., and investment funds managed by Morgan Stanley Tactical Value providing a $50 million asset-based credit line (ABL), a 5.5-year $150 million term loan, and a $65 million preferred stock issuance, respectively. Proceeds from the transaction will be used to repay the current principal balance of $70 million on its term loans due in 2022, to redeem its current $100 million outstanding preferred stock, prior to the increase in redemption premium at March 31, 2021, and pay off its fixed interest rate swap of $14 million. The transaction enables the company to strengthen its balance sheet by extending its capital structure’s maturity at an attractive blended cost of capital, allowing the company financial flexibility to continue its current business transformation efforts.

    We represented NN, Inc. (NASDAQ: NNBR) in a new financing with J.P. Morgan, funds managed by Oaktree Capital Management, L.P., and...
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    Client Type: Public Company
  • Represented a multifamily developer in the acquisition/re-development of four properties in Shelby County, Memphis, Tennessee, with a total of 573 units for an aggregate purchase price exceeding $75 million and aggregate financing exceeding $55 million

    During 2020, we represented a multifamily developer in the acquisition/re-development of four properties in Shelby County, Memphis, Tennessee, with a...
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    Client Type: Private Company
  • Represented a financial services company in connection with a $25 million construction loan for the development of the 136-room Caption by Hyatt located in downtown Memphis, Tennessee

    We represented a financial services company in connection with a $25 million construction loan for the development of the 136-room...
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    Client Type: Private Company
  • Represented a hotel fund in connection with a $20 million private notes offering, with an additional $10 million accordion option, to a publicly traded REIT

    We represented a hotel fund in connection with a $20 million private notes offering, with an additional $10 million accordion...
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    Client Type: Private Company
  • Represented a financial services company in connection with a $47,250,000 construction loan for the development of a 363-unit apartment community in Riverview, Hillsborough County, Florida

    We represented a financial services company in connection with a $47,250,000 construction loan for the development of a 363-unit apartment...
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    Client Type: Private Company
  • We represented a private equity firm in providing acquisition financing to a franchisee to acquire the operations and related real estate assets of 16 franchise restaurants.

    We represented a private equity firm in providing acquisition financing to a franchisee to acquire the operations and related real...
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    Client Type: Private Company
  • We represented New Mountain Capital in the project-level financing of a real estate portfolio, financed by a $25 million CMBS loan, consisting of four properties located in Massachusetts, New Hampshire, Wisconsin and New York, each of which are triple net leased to a master tenant.

     

    We represented New Mountain Capital in the project-level financing of a real estate portfolio, financed by a $25 million CMBS...
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    Client Type: Private Company
  • We represented Brookdale Senior Living Inc. in a refinancing of a real estate portfolio, financed by $220 million in loans across four subpools with Freddie Mac.  The portfolio consisted of 27 senior living facilities located in 13 different states.

    We represented Brookdale Senior Living Inc. in a refinancing of a real estate portfolio, financed by $220 million in loans...
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    Client Type: Public Company
Austin C. Brown
Associate
Stefanie R. Chamberlain
Associate
Katie Day
Member
Felix R. Dowsley, III
Member
Leslie M. Ford
Member
Michael C. Gibson
Member
Thomas Gossett
Associate
B. Taylor Gray
Counsel
Nathaniel F. Greene
Associate
David W. Harper, Jr.
Associate
Cheyne W. Harris
Associate
R. Turner Henderson
Associate
Jason S. Lewallen
Member
Vincent B. Lillegard
Associate
G. Mark Mamantov
Member
Robert P. McDaniel, Jr.
Member
Nicole  T. Milani
Associate
James Polk Moneyhun, Jr.
Member
Jordana Katz Nelson
Senior Public Finance Attorney
Marisa Rouse
Associate
John S. Seehorn
Member
Cynthia N. Sellers
Member
Katherine Smalley
Associate
Richard R. Spore, III
Member
Amanda Elliott Stanley
Counsel
Justin T. Starling
Member
John A. Stemmler
Member
James S. Tate, Jr.
Member
Molly Terrell
Senior Attorney
T. Gaillard Uhlhorn, V
Member