Advice on Structuring Acquisition Finance Transactions

The Acquisition Finance Practice assists our clients in developing the structures and key terms of acquisition financing in collaboration with firm experts specializing in tax and finance.  Our practice materializes such structures and key terms of the transactions based on negotiations with other deal participants and due diligence exercises using its extensive knowledge and experience in the field.

Documentation for Acquisition Finance Transactions

Based on its extensive experience and know-how in the market, the Acquisition Finance Practice assists our clients in preparing, negotiating and submitting (if necessary) transaction agreements as well as other ancillary documents (including documents required to be submitted to government agencies) necessary for each client’s specific acquisition financing transaction. 

Provide Solutions for Resolving Issues on Local Regulations

The Korean legal and regulatory environment of acquisition financing for M&A transactions is complex and often involves Korean foreign exchange, tax, and corporate governance issues.  In addition, establishment and perfections of security interests over assets in connection with an acquisition financing often involves practical complications.  ‘The Acquisition Finance Practice provides our clients with practical and efficient solutions to resolve such regulatory issues which often arise in Korea.  We help our clients successfully complete the transactions with the obtainment of governmental consents and establishment, perfection, and registration of security interests necessary for acquisition financings. 

Post-Completion Services

After completing a transaction, the Acquisition Finance Practice helps our clients perform various post-completion obligations under the terms of acquisition financing, including notices to counter-parties or submission of reports to government agencies.  In addition, if necessary, the Group assists the clients in refinancing or amending the terms of existing acquisition financings.

Our rich experience in acquisition finance extends to all types of clients, including general corporations, financial institutions, private equity funds and pension funds.  Further, we have assisted many Korean clients in financing complicated overseas M&A transactions.

Some of the major acquisition finance matters for which we acted as counsel include: 

• MBK Partners in its acquisition of Woongjin Coway.
• Han & Company in its acquisition of Daehan Cement and Hannam Cement.
• Affinity and other investors in its acquisition of shares in Kyobo Life.
• MBK Partners in its acquistion of subsidiary SOs of C&M.
• Affinity in its refinancing of the acquistion financing of OB Brewery.
• LS Cable in its acquistion of Superior Essex in US.
• Doosan Infracore Co., Ltd. in its acquisition of the Bobcat, Utility Equipment and Attachments businesses from Ingersoll Rand Company, Ltd.
• CCMP Capital, Asia in its acquisition of Buytheway, Inc.
• Morgan Stanley Private Equity in its acquisition of Ssangyong Corporation for the financing.
• CVC Capital Partners in its acquisition of non-memory semiconductor business from Hynix for the financing of the closing cash payment.