Education

New York Law School, J.D., 1998

Seton Hall University, B.S., 1995

Admitted

New York

New Jersey

Memberships

American Bankruptcy Institute

American Bar Association

Association of Commercial Finance Attorneys

Commercial Finance Association

Loan Syndications and Trading Association (LSTA)

Nick 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, hedge funds, business development corporations 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.

Representative Transactions

Health Care and Life Sciences

  • Represented a life sciences company in connection with the structuring of a $40 million loan, with an additional accordion facility of up to $20 million and associated warrants, involving a European-headquartered investment firm
  • Represented a life sciences hedge fund in connection with a $15 million loan to a company engaged in the advancement of early drug discovery
  • Represented a life sciences company in connection with the structuring of a $17 million equity and debt financing involving a consortium of institutional and high net worth investors
  • Represented hedge fund in connection with a $15 million loan to a molecular diagnostics company
  • Represented hedge fund in connection with a $10 million loan to a biopharmaceutical company
  • Represented a life sciences hedge fund in connection with a $30 million loan to a medical device company
  • Represented a hedge fund in connection with a $42.5 million loan to a medical device company
  • Represented a life sciences hedge fund in connection with a cancer treatment development company

Technology and Media

  • Represented a hedge fund in connection with a $16 million senior secured term loan to a technology products and services company
  • Represented hedge fund in connection with a $15 million loan made to a digital gaming company
  • Represented hedge fund in connection with a $45 million loan made to equipment power company
  • Represented 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 hedge fund in connection with a $95 million first lien, second lien and third lien loan to a media company
  • Represented a business development company in connection with a $72 million facility to a data analysis company

Energy and Resources

  • Represented a hedge fund in connection with a $45 million loan to a power company
  • Represented a business development company in connection with a second lien incremental loan made to an energy 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

Business Development Companies (BDCs)

  • Represented a business development company in connection with an approximately $200 million unitranche financing provided to a software company
  • Represent business development company in connection with a $25 million revolving credit to a customer experience management company
  • 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

Real Estate

  • Represented a specialty lending desk in connection with a $56 million loan to fund the development of a condominium tower
  • Represented a hedge fund in connection with a $14 million mezzanine loan to an apartment complex development

Publications

Presentations

  • 7th Annual Midwest Bank Special Assets & Credit Officer's Forum
  • The 3rd Global Distressed Debt Investor Forum
  • Distressed & Turnaround Investment Conference