Principal
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Q. Scott Kaye has extensive experience advising companies, lenders, sponsors, and private equity funds and their portfolio companies on finance matters, M&A, restructuring and other corporate matters. Having advised clients on more than $65 billion in financing and debt restructuring in hundreds of transactions, he represents lenders and borrowers in term, revolving and acquisition financing, asset-based lending, bridge financing, subscription lines, mezzanine and subordinated debt, second lien financing, and DIP financing; and trustees, debtors, DIP lenders, and creditors in out-of-court workouts and formal bankruptcy proceedings. From financing billion-dollar buy-outs to corporate governance issues, Scott is a problem solver with a passion for excellence. Scott has negotiated and documented hundreds of credit facilities, subordinated and mezzanine debt positions and restructurings of the same, as well as stock purchase agreements and general corporate governance documents. He routinely analyzes complex agreements and circumstances, explaining clearly and concisely the risks as well as the alternatives for more flexibility in light of the associated legal, compliance (including SEC and other regulatory schemes), asset protection and exposure, litigation, business and other risks. Scott is a hard and practical negotiator with the ability to effectively deal with various parties with divergent interests in order to timely and efficiently settle outstanding disputes and stay on mission. With a deep and intuitive understanding of technology and the complexities unique to the technology and software sectors, Scott has represented sponsors of digital radio projects in the EU, insolvent telecommunications companies in liquidations, hedge funds structuring technology company acquisitions, software companies, testing and simulation companies, and lenders, developers, and sponsors in alternative energy project financing. Additionally, in the FinTech area, Scott has advised clients on tokenization of services, structuring peer-to-peer cryptocurrency and cryptocurrency asset-backed lending platforms.