Katherine G. Weinstein

Partner

Kate Weinstein regularly advises financial institutions in connection with structuring and documenting financing transactions. She has extensive experience representing first and second lien lenders, mezzanine lenders, and equity sponsors and borrowers in a diverse range of debt financings. Her area of focus includes acquisition, recapitalization and other leveraged financings, cash flow and asset-based financings, first lien, second lien, mezzanine and unitranche financings (including first-out, last-out financings), debtor-in-possession and exit financings, and workouts, restructurings, and bankruptcies.

Extended Profile

Kate is a co-managing partner of Morgan Lewis’s New York office. Prior to joining Morgan Lewis, she was a partner in another international law firm, where she served as the co-managing partner of the firm’s New York office.

selected representations

Representation of senior secured lender in connection with $61.8 million second lien credit facility with a leading independent distributor of heavy-duty truck and trailer parts in the United States and Canada.
Representation of as administrative agent under a $330.5 million first lien credit facility and a $88 million second lien credit facility with a healthcare training and credentialing organization, focusing on medical coding, billing, healthcare compliance, revenue cycle management and practice management.
Representation of second-lien agent and lender in an amendment and restatement of a $210 million second lien credit facility with a leading laundry equipment service provider in the United States and Canada. Also represented agent in connection with financing the acquisition of the borrower in 2013.
Representation of agent and affiliated unitranche fund, as lender, in connection with a $95 million senior secured credit facility for a leading servicer of on- and off-highway equipment, transport refrigeration, and power generation. The proceeds of the credit facility were used by a newly formed private equity fund, and other co-investors to purchase the borrower.
Representation of agent and affiliated unitranche fund, as lender, in connection with financing a carve-out acquisition of a market-leading manufacturer and distributor of quality bakery ingredients, products, supplies, and service. The lenders provided $285 million in revolver and term loan commitments in a first lien credit facility. A group of second-lien lenders provided an additional $60 million in second-lien financing.
Representation of mezzanine investors in a $17.85 million acquisition financing of an innovative manufacturer of energy-efficient luminaries and retrofit solutions for green initiatives. The borrower has developed a wide range of LED products to support commercial, industrial, and outdoor applications focused on energy and maintenance savings.
Representation of lead arranger and agent in a complex and time-sensitive recapitalization of a leading airport terminal concession manager operating restaurants, bars, lounges, and gourmet markets. Our client agented a $460 million senior secured unitranche credit facility (consisting of term loans, delayed draw term loans, and a revolving credit facility). The borrower also issued a strip of $100 million in subordinated notes and $150 million in preferred equity and common equity warrants.
Representation of administrative agent and senior secured lender in connection with financing the acquisition of a revenue cycle management and electronic data interchange solutions company that works with healthcare providers to help manage the reimbursement cycle. Lenders provided approximately $53.5 million in senior financing to the Borrower, which also obtained $35 million in subordinated debt financing.
Representation of agent, sole lead arranger, and senior secured lender in a $600 million secured term loan “unitranche” acquisition financing. Proceeds of the financing were used to acquire a global provider of spa services and operations. The term loan was secured by substantially all of the assets of the borrower, and its wholly owned subsidiaries, located in the Bahamas, England and the United States. The transaction also involved negotiation of an agreement among lenders by and among the term loan lenders and an intercreditor agreement with the borrower’s revolving lender.
Representation of joint lead arranger, administrative agent and lender under a $150 million senior secured and unsecured mezzanine recapitalization financing for a leading reseller in the office automation industry. This one-stop financing was used to refinance the borrower’s existing debt and to provide liquidity for future acquisitions of the Borrower (the senior financing included a delayed draw term loan to be used for such purposes).
Representation of sole lead arranger, administrative agent and lender under a $37 million senior secured credit facility used to finance the acquisition of a provider of outsourced food services to K-12 public school districts by a private equity sponsor.
Representation of first and second lien agent and joint lead arranger in a recapitalization financing for a leading public safety software developer and vendor specializing in incident-response software for 9-1-1 and ambulance dispatch, among other public safety solutions. The recapitalized debt structure consisted of $204 million of first lien revolving credit and term loan facilities and an $80 million second lien term loan facility.