New York Law School, J.D., 1998
Seton Hall University, B.S., 1995
American Bankruptcy Institute
American Bar Association
Association of Commercial Finance Attorneys
Commercial Finance Association
Loan Syndications and Trading Association (LSTA)
Nicholas Whitney is a partner in the Banking and Financial Services Department of Chapman and Cutler LLP's New York office. Nick has a broad range of experience representing lenders in senior secured, first lien and second lien loan transactions, first-out/last-out financings and unitranche facilities, unsecured transactions and subordinated loan transactions. Nick handles a wide variety of middle-market lending transactions for both non-investment grade and investment grade companies. He represents banks, investment banks, business development corporations, hedge funds and other financial institutions in connection with direct origination, as well as investments in the secondary market and in “club” transactions. He regularly advises lenders in connection with acquisition financings, cash-flow and asset based transactions and special situations. Nick also has substantial experience with reorganizations and workouts, including representing lenders in connection with debtor-in-possession facilities and Chapter 11 exit facilities.
Nick's prior experience includes the representation of clients in the following matters:
- Represented a life sciences hedge fund in connection with a cancer treatment development company
- Represented a borrower in connection with an acquisition financing of a plastics company
- Represented a prominent hedge fund in connection with a $450 million syndicated term loan provided to an iron ore mining company
- Represented a hedge fund in connection with a $37.5 million Senior Secured term loan to a coal mining company
- Represent business development company in connection with a $25 million revolving credit to a customer experience management company
- Represent a business development company in connection with an approximately $200 million unitranche financing provided to a software company
- Represented a lender in connection with a $35 million mezzanine loan made to a wireless cell tower operator
- Represented a business development company in connection with a $350 million unitranche financing to a company in the year books and graduation products industry
- Represented a business development company in connection with a $107 million unitranche facility
- Represented a business development company in connection with a $72 million facility to a data analysis company
- Represented a hedge fund in connection with a $14 million mezzanine loan to an apartment complex development
- Represented Midwest casino and horse racing track company as borrower in connection with a $655 million syndicated first lien and second lien transaction
- Represented a lender in connection with a senior secured credit facility provided to a wireless tower company in an amount up to $75 million
- Represented a lender in connection with a senior secured credit facility provided to a cell tower company in an amount up to $150 million
- Represented a major investment bank in connection with $82 million of senior secured syndicated credit facilities provided to the investment bank in connection with the investment bank’s leveraged buy-out of a Mexican cinema company
- Co-Author, "Leveraged Lending Guidelines, New Debt Structures and Pitfalls in Bankruptcy," AIRA Journal. Vol. 30 No. 2, 2016.
- Co-Author, "Unitranche Facilities and the Jurisdiction of Bankruptcy Courts: RadioShack's Chapter 11 Leaves Questions Unanswered," Client Alert. August 13, 2015.
- Co-Author, "Vote More Than Once? Numerosity and Possible Reform," Law360. July 24, 2015.
- Co-Author, "Change of Control Defaults: Healthways Case May Put Lenders' Protections in Doubt," Client Alert. June 16, 2015.
- Author, "Unitranche Facilities and Agreements Among Lenders," Lexis Practice Advisor. May 16, 2014.
- Co-Author, "Strategies and Limitations of Sponsor Buybacks," American Bankruptcy Institute Journal. January 2014.
- Co-Author, “The Unitranche Facility: Implications,” American Bankruptcy Institute Journal.
- “The Latest Innovation in Middle-Market Lending,” Law360.
- “Unitranche Facility & Middle Market Lending,” peHUB.
- "The Latest Innovation in Middle Market Lending: The Unitranche Facility"
- Co-Author, "Unanimous Lender Consent Provisions: Protection?," Law360
- Co-Author, "Unanimous Lender Consent Provisions May Not Provide the Protection Expected"
- "UPDATE: Using Incremental Facilities to Exchange Bond Indebtedness - The Realogy Decision"
- "Using Incremental Facilities to Exchange Bond Indebtedness"
- Lending, Investing and Trading After the Market Break
- "The Defaulting Lender in Today's Loan Market"
- "Purchases of Bank Loans by a Borrower or its Sponsor"
- "Incremental Loan Facilities: Key Provisions"
- The 3rd Global Distressed Debt Investor Forum
- Distressed & Turnaround Investment Conference