Securitization or structured finance transactions transform somewhat illiquid financial assets into liquid and often highly rated securities that can be sold into the capital markets. These transactions typically isolate assets from the insolvency risk of the sponsor of the transaction through a true sale of the financial assets to a bankruptcy remote entity to allow investors to assess the credit risk of the financial assets backing the securities or structured loans rather than the credit risk of the sponsor. 

We help structure, document and execute complex asset securitizations and other structured finance transactions, both rated and unrated, that allow clients to better monetize cash flowing assets and leverage and deploy assets. Leading corporate and financial institutions choose Kutak Rock to represent them in these transactions, such as: 

• Issuers
• Investment banks as Placement agents, underwriters and structuring advisors
• Servicers
• Credit enhancers and liquidity providers
• Originators
• Asset owners
• Administrators
• Investors
• Guarantors
• Investment advisors
• Governmental agencies

Our national structured finance and securitization group utilizes a number of risk-transferring techniques, including the use of credit enhancements, participation agreements, and swaps and other derivative products.  We are engaged to represent clients on a multitude of different transactions and structures, such as:

• Public and private asset-backed securities offerings (debt and equity)
• Syndicated and non-syndicated lending facilities
• Term and revolving credit facilities
• Resecuritizations
• Commercial paper conduits
• Warehouse transactions
• Real estate mortgage investment conduits (REMICs)
• Restructurings
• Terminations of existing transactions
• Transfers of servicing and other assets
• Sales of mortgage loans to government sponsored enterprises for securitization

We frequently advise clients on a broad array of asset classes, such as:

• Accounts receivables
• Automobile loans and leases
• Cell tower receivables
• Commercial loans
• Consumer receivables
• Credit card receivables
• Dealer floor plan receivables
• Equipment loans and leases
• Home equity loans and lines of credit
• Insurance premium finance loans
• Life insurance and annuities
• Project finance
• Residential mortgages
• Structured settlements and life settlements
• Student loans
• Solar assets

Securitizations and structured finance transactions require a multidisciplinary approach, and our practice incorporates several related service areas including:

• Banking
• Bankruptcy (including true sale and non-consolidation)
• Laws relating to corporations, limited liability companies, partnerships and trusts
• Derivatives
• Real estate
• Securities law (including the Securities Act, the Securities and Exchange Act, the Investment Company Act and the Trust Indenture Act)
• Taxation and ERISA
• UCC and security interest matters