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ARTICLE · 29 APRIL 2013

Loan to own transactions - Part 1: The basics and structuring

This two-part article gives a basic description of a straightforward loan to own transaction, and some practical tips.

AustraliaCorporate/Commercial Law

Key Points:

A loan to own transaction is the acquisition of a secured debt position in order to influence control and ultimately acquire ownership of a target business (and its assets).

"The M&A year has been defined by "loan-to-own" takeovers, standoffs between shareholders and boards on company valuation, and increased regulatory scrutiny: dynamics that will continue into 2013." (M&A loan-to-own deals here to stay, James Eyers, Australian Financial Review, 5 December 2012).

Loan to own transactions are becoming more and more common – but what do they involve, and when are they appropriate? In this two-part article we give a basic description of a relatively straightforward loan to own transaction, and some practical tips to assist you in evaluating and ultimately structuring and implementing a loan to own transaction.

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