Step in, don't just secure... Structuring private credit solutions with practical transaction support and enforcement.
Our private credit mindset is derived from the investment bank special situations groups of the Asian Financial Crisis in the late 1990s / early 2000s.
Private credit does not price for risk - it prices for a speed of execution and an understanding of complexity that commercial lenders cannot match. It values cashflow and exit routes over security, but does not ignore downside protection.
The success of a private credit transaction is dependent on clear risk identification and clear risk planning. We are ideally positioned to do both. Our finance, legal and technical teams are well placed to evaluate risk, as well as provide ongoing transaction monitoring support. In the event of a default, we tailor true step in solutions rather than relying on security enforcement in emerging high-risk jurisdictions with unreliable judicial systems.
We aim to support the full private credit lifecycle, from financial, legal and technical due diligence, to transaction execution; ongoing transaction monitoring (financial and technical) to repayment - and step-in if ultimately required. Practical evaluation. Practical risk management. Practical solutions.
Ensures the credit structure reflects financial reality.
Financial Due Diligence. Testing historical data and key assumptions and risk assessments against operational reality.
Financial Modelling. Lender-ready financial models that demonstrate debt serviceability, and downside scenarios.
Transaction Monitoring. Design and monitor cash waterfalls aligned to the risk profile and cash flow dynamics.
Ensuring Downside Protection and Enforceability.
Legal Due Diligence. Finance and business aligned legal due diligence.
Credit Documentation. Term sheets, facility agreements, intercreditor arrangements, and security packages.
Structuring. Enforcement focused structuring with a focus on practical legal solutions.
Enforcement. Full life-cycle support on step-in and security enforcement.
Validates operational and asset integrity.
Technical Due Diligence. Assess asset condition, operational performance, and infrastructure quality.
Capex & Operational Assessment. Evaluate investment requirements and efficiency improvements.
Technical Support. Ensure operational alignment post-transaction and ongoing technical support.
Know your Borrower.
Integrity Due Diligence. Detailed counterparty history, including previous political, joint venture and lender disputes.
Political Risk Analysis. Understand the borrower's political exposure and any potential political risk.
Asset Tracing. Pro-active asset tracing and enforcement support.
By combining comprehensive cross-disciplinary due diligence across operations, finance, legal, tax and environmental matters, Eliot & Luther delivers end-to-end Private Credit solutions - whether we are representing the capital deployer or the capital recipient.
This enables clients to close on targets with structured downside protection, and borrowers secure terms that reflect their true commercial position.