Skip to Content

Emily K. Smith


Emily has substantial experience in a variety of highly complex transactions. Her practice focuses on significant investment and structured finance transactions.

Emily is a member of the Kutak Rock Institutional Investments Group and represents public pension plans on a daily basis in connection with domestic and offshore private equity, hedge fund and alternative investment transactions. In addition, she is a member of the Corporate and Real Estate Department and concentrates a significant portion of her practice in asset-backed securitizations, municipal finance transactions and other structured finance transactions in the primary and secondary markets. 

Emily also represents lenders and borrowers in various commercial real estate, franchise loan and equipment lease transactions. In addition, she has extensive experience in ongoing surveillance and workout matters relating to the above-described types of transactions, including consents, “most favored nations” elections, co-investments, amendments, waivers, restructuring of credit enhancement, servicing transfers, exercise of clean-up calls, sales of pools of residential mortgage loans, review and analysis of complicated cash flows, mortgage loan representations and warranties, repurchase obligations, servicing obligations, loan modifications and enforcement rights and remedies of investors and controlling parties. 

Emily’s experience includes negotiating and documenting all aspects of the transactions with the related parties, including general partners, investment managers, issuers, lenders, credit enhancers, trustees, investors, custodians, servicers, originators, swap counterparties and rating agencies. 

Representative Private Equity, Hedge Fund and Alternative Investment Transactions
  • $50M investment in a hedge fund targeting long and short investments primarily in various credit instruments, including bonds, loans and credit default swaps.
  • $30M investment in a private equity fund investing in controlling private equity investments in buyouts and recapitalizations of profitable lower middle-market, value-added medical engineered. and consumer products companies and specialty distribution and services businesses.
  • $40M investment in a feeder fund to a hedge fund investing in illiquid assets and securities valued at discounted levels in a broad range of asset categories, industries and markets.
  • $25M investment in a private equity fund targeting equity investments in growth companies in the software, internet, health care information technology and business services industries.
  • $100M investment in a hedge fund investing in financial and commodity markets through collective investment vehicles or separate portfolios.
  • $50M investment pursuant to an Investment Management Agreement with US Government Inflation-Linked Securities and Currency Alpha investment strategies.
  • $150M investment in a hedge fund investing in other hedge funds.
  • $35M investment in a private equity fund targeting control investment in underperforming middle-market companies.
  • $15M investment in a hedge fund investing in companies involved in asset intensive and/or commodity-dependent industries.
  • $40M loan facility to various private equity funds which invest in real estate related assets and companies.
  • $30M investment in a Luxembourg investment fund targeting royalty streams of established commercialized pharmaceutical products.
  • $30M investment in a private equity fund targeting infrastructure and related assets in Asia.
  • £33M investment in a private equity fund targeting real estate assets and related businesses.
Representative Securitizations
  • $121M notes backed by student loans.
  • $500M of variable funding notes backed by dealer floorplan receivables.
  • $75M of notes backed by structured settlement receivables.
  • $1.5B of certificates backed by home equity lines of credit.
  • $558M of notes backed by aircraft loans.
  • $6B commercial paper conduit which purchases multiple types of asset-backed securities.
  • $50M of variable funding certificates backed by a revolving pool of credit card receivables.
  • $85M notes backed by equipment leases.
  • $1.2B notes backed by auto loans.