About Kirby Chin

Kirby Chin is experienced in a wide variety of financing transactions and has worked extensively on deals that involve challenging and complex financing facilities. He regularly advises clients on structuring and executing multi-layered financing transactions across a dynamic mix of industries, many of which involve complex intercreditor or inter-lender arrangements. Kirby represents finance companies, investment funds, BDCs, insurance companies and asset managers. He also regularly advises investment funds with control positions for special situation companies in restructurings, refinancing and workouts.

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Kirby has advised private equity sponsors and their portfolio companies in acquisition financings and other leverage facilities for buyouts, add-ons, carve-outs and other control position transactions. Additionally, he has worked with investment funds on subscription and capital call facilities.

Practice Focus

  • Asset-based lending and working capital and cash flow financings
  • Unitranche facilities
  • Split-collateral facilities
  • First-out/Last-out, second lien and term B financings
  • Debtor-in-possession and exit financings
  • Workouts and restructurings
  • Private equity portfolio financings, including acquisition and leveraged buyout financings
  • Factoring and related transactions
  • Investment fund financings, including fund of funds financings
  • Capital call and liquidity facility transactions

Representative Experience

  • Represented an insurance company in a senior secured credit facility to an online mortgage company. *
  • Represented a finance company in an asset-based and term loan facility to an acrylic sheet manufacturer. *
  • Represented an investment company in senior subordinated term loan financing facility to an insurance premium financing company. *
  • Represented an insurance company in a senior secured credit facility to a technology-based home insurance company. *
  • Represented a private equity sponsor in a broadly syndicated asset-based and term loan financing facilities with a leading oilfield completion service provider. *
  • Represented an investment fund with a control position in a leading death care company in restructuring its financing facilities. *
  • Represented an investment fund in a debtor-in-possession financing facility to a company operating casual Mexican restaurants. *
  • Represented a public company that is a leading bus designer and manufacturer in a working capital and term loan facility. *
  • Represented an investment fund in a financing facility to a special purpose vehicle that owned real estate in Las Vegas. *
  • Represented an investment fund in a financing facility to an ultra-low-cost Canadian airline carrier. *
  • Represented a private company in exit financing facilities in its acquisition of a metallurgical coal company. *
  • Represented a finance company, as agent, in a syndicated senior secured revolving credit financing facility to a privately owned independent exploration and development company operating in the Appalachian region. *
  • Represented investment fund in a senior secured, split collateral term loan financing facility to a firearms manufacturer. *
  • Represented domestic finance company, as agent, in a syndicated secured financing facility to an offshore oil and gas development and production company operating in the Gulf of Mexico and the North Sea of the United Kingdom. *
  • Represented an ocean cargo carrier in a senior secured financing facility and a high-yield bond offering in connection with a leveraged buyout. *
* Experience prior to Katten

Presentations and Events

  • Argyle Executive Forum Leadership in the Distressed Markets
    January 2012
  • New York City Bar Association Boot Camp: Basic Training for Lawyers
    September 2011