Nitin Konchady

Biography

Nitin Konchady
Nitin Konchady is a partner in Weil’s Capital Markets and Banking & Finance practice. Nitin regularly acts for investment funds, creditors, private equity sponsors and debtors on distressed and special situation financings, out-of-court restructuring and liability management transactions, as well as in-court restructuring transactions and related exit financings. He also advises private equity sponsors and their portfolio companies, investment banks, corporates and investors on high yield debt offerings and leveraged and acquisition finance transactions across the U.S., UK and continental European markets. Nitin also has significant experience advising on a wide variety of other cross-border and complex financing and capital markets transactions and U.S. securities law matters.

Clients say Nitin has a “…near perfect grasp of current and historical market norms, which is extremely helpful when planning a capital structure” (Chambers UK). He has previously been recognized as an Up and Coming Partner for Capital Markets: High-Yield Products by Chambers UK and a Next Generation Partner for High Yield by Legal 500 UK, and is Highly Regarded for Capital Markets: High Yield by IFLR1000.

Representative experience:

Liability Management / Distressed Financing / Restructuring  

  • Ad hoc group of creditors of Accuride, a commercial vehicle components manufacturer, in its ongoing Chapter 11 proceedings with approximately $1 billion of debt obligations
  • Ad hoc group of noteholders (including Mudrick Capital, Blantyre Capital and Bayside Capital) of 2U, an online education platform, in its $1 billion financial restructuring and emergence from Chapter 11 proceedings, including related equity rights offering and backstop commitments 
  • Mudrick Capital in several financing transactions, including:
    • a $275 million investment in senior secured convertible notes and warrants issued by Getaround Inc., a car-sharing business; and
    • a $200 million investment in senior secured convertible notes, super-priority senior secured notes and warrants issued by Vertical Aerospace, an eVOTL operator
  • Talen Energy Supply, a power generation and infrastructure company, in its Chapter 11 cases with approximately $5 billion in funded debt obligations, including related equity rights offering and backstop commitments, and $1.2 billion offering of senior secured notes as part of its emergence
  • Glencore in several financing transactions, including:
    • an issuance of a $75 million of senior convertible notes and $225 million of amended and restated senior secured convertible notes by Li-Cycle Holdings; and
    • investments in senior secured convertible notes issued by MagIron and Zeb Aluminum
  • Ad hoc group of noteholders of Universal Entertainment Corporation, a Japanese manufacturer of gaming products, in its restructuring efforts
  • Ad hoc group of noteholders of Digicel Group Holdings Limited, an international mobile phone network and home entertainment provider, in connection with the cross-border restructuring of more than $1.5 billion of indebtedness (including a Bermuda scheme of arrangement and related Chapter 15 proceedings)
  • Ad hoc group of noteholders of Ferroglobe, a producer and supplier of specialty metal products and alloys, in its balance sheet restructuring, involving an exchange offer for $350 million of senior secured notes, $60 million issuance of super-priority senior secured notes and a $40 million equity raise
  • Norwegian Air Shuttle and its affiliates in the financial restructuring of $5.9 billion of liabilities, implemented via parallel Irish examinership and Norwegian reconstruction proceedings, and related Chapter 15 proceedings
  • Ad hoc group of noteholders of KCA Deutag, an international oil and gas services company, in its $1.4 billion restructuring, involving a debt-for-equity exchange and reinstated senior secured notes, implemented via a UK scheme of arrangement and related Chapter 15 proceedings
  • Certain funds advised by Goldman Sachs Asset Management, in an investment in Soho House, a private members’ club group, in the form of $440 million (equivalent) senior secured notes and $175 million convertible preference shares
  • Ad hoc group of noteholders of Ascent Resources Utica Holdings, a natural gas exploration and production company, in an offer to exchange $925 million of senior notes for a combination of $538 million of second lien term loans and the balance in new senior notes
  • Ad hoc group of noteholders of Digicel Group Holdings Limited, an international mobile phone network and home entertainment provider, in the restructuring of $4.3 billion of debt via exchange offers for multiple series of notes, followed by a Cayman scheme of arrangement and related Chapter 15 proceedings
  • syncreon Group, a supply chain solutions business, in its financial restructuring involving approximately $1.1 billion of funded debt, implemented via a UK scheme of arrangement and related Chapter 15 proceedings
  • Ad hoc group of noteholders of Edcon Group in a $1.5 billion restructuring involving a debt-for-equity swap and the issuance of four sets of high yield notes, implemented via  South African compromise proceedings and related Chapter 15 proceedings
  • Ad hoc group of noteholders of SoLocal Group, owner of the French yellow pages business, in the restructuring of its outstanding credit facility and €350 million of senior secured notes, implemented via French sauvegarde proceedings
  • Ad hoc group of noteholders of Enquest, a petroleum exploration and production company, in an exchange of $650 million in senior secured notes into new securities with a payment-in-kind toggle linked to oil prices, and the amendment and restatement of £155 million of senior notes, implemented via a UK scheme of arrangement and related Chapter 15 proceedings

Leveraged Finance / Debt Capital Markets

  • Goldman Sachs and the other initial purchasers on Rain Carbon’s $450 million offering of senior secured notes to refinance existing debt
  • NEOGEN Corporation, an international food safety company, in the bridge and bond financing for its $5.3 billion combination with the Food Safety business of 3M, in a Reverse Morris Trust transaction that implied an enterprise value of the combined company of $9.3 billion
  • Shareholders in connection with the financing of KCA Deutag’s acquisition of certain on-shore oil rig assets from Saipem S.p.A. and related private placement of $200 million holdco PIK notes and $250 million senior secured notes
  • Kiwi.com, an online travel business and portfolio company of General Atlantic, in a €100 million issuance of convertible notes
  • Iron Mountain Incorporated, an information management services company, in several financing transactions, including:
    • bridge commitments and $750 million offering of senior notes to finance its acquisition of ITRenew; and
    • a $1.1 billion offering of senior notes to refinance existing debt
  • Ares Management Corporation in the preference share financing for CD&R’s take-private of Morrisons, a UK grocery business
  • Advent International in several financing transactions including:
    • its $8.1 billion take-private offer for Swedish Orphan Biovitrum AB, a pharmaceutical company (abandoned)
    • its £4 billion acquisition of Cobham plc, a UK-based defense components manufacturer
  • Initial purchasers on offerings of more than $5.0 billion of notes by Royal Caribbean Cruises
  • Broadstreet Partners, an insurance brokerage business and portfolio company of Ontario Teachers’ Pension Plan, in its $400 million inaugural offering of senior notes to refinance existing debt and $325 million follow-on offering to finance an acquisition
  • InPost S.A., a logistics company, in its €490 million inaugural offering of senior notes to finance the acquisition of Mondial Relay
  • Southeastern Grocers, a grocery business, in its $325 million offering of senior secured notes to refinance existing debt
  • Goldman Sachs and the other initial purchasers on Great-West Lifeco’s $1.5 billion multi-tranche offering of senior notes to finance in part the acquisition by its subsidiary, Empower Retirement, of the retirement services business of Massachusetts Mutual Life Insurance Company
  • Initial purchasers and investors in several financing transactions for TeamSystem, an Italian accounting software developer, including:
    • the €600 million senior secured bridge and bond financing for Hellman & Friedman’s acquisition of TeamSystem;
    • a €120 million private offering of senior secured notes;
    • a €300 million issuance of PIK toggle notes in connection with a fund-to-fund transfer; and
    • a €185 million follow-on issuance of senior secured notes for bolt-on acquisitions
  • Barclays and the other initial purchasers in CVC portfolio company Domestic & General’s £635 million (equivalent) offering of senior secured notes and senior notes
  • Investors in GEMS Education’s offering of senior secured notes
  • Novalpina Capital in a €200 million bridge and senior secured notes offering to finance its take-private of Olympic Entertainment Group, an eastern European gaming operator listed on the NASDAQ Tallinn Exchange
  • Paprec Group, a French recycling business, in several financing transactions, including:
    • a €225 million senior secured bridge and bond financing for its acquisition of Coved; and
    • a €800 million offering of senior secured notes to refinance existing debt
  • Infopro Digital, a business-to-business information services provider and portfolio company of TowerBrook Capital Partners, in several financing transactions, including:
    • its €500 million inaugural offering of senior secured notes; and
    • a €150 million senior secured bridge and bond financing for its acquisition of DOCUgroup
  • Initial purchasers and arrangers in several financing transactions for Verisure Securitas Direct, a Swedish security alarm manufacturer and Hellman & Friedman portfolio company, including:
    • the €2.7 billion senior secured bridge and bond financing for Hellman & Friedman’s acquisition of Bain Capital’s holding in Securitas Direct;
    • a €1.145 billion (equivalent) offering of senior notes to refinance existing debt, and related consent solicitation;
    • a €400 million offering of senior secured notes and senior notes to refinance existing debt; and
    • a €1.6 billion senior secured notes and senior secured credit facility financing to refinance existing debt
  • Shop Direct, a UK online shopping business and portfolio company of Ellerman Investments, in its inaugural £550 million offering of senior secured notes
  • Goldman Sachs, UBS and the other initial purchasers in the inaugural €275 million offering of senior secured notes by Lima Corporate, an Italian orthopedic medical device provider and portfolio company of EQT Partners
  • J.P. Morgan, Barclays and Jefferies in a $265 million bridge and senior notes offering to finance Triton’s acquisition of WernerCo, a U.S.-based ladder manufacturer and distributor
  • Investors in Naviera Armas’ €50 million private offering of senior secured notes
  • Goldman Sachs, Deutsche Bank, Natixis and Société Générale in several financing transactions for HomeVi, a French care homes business, including:
    • a €125 million senior secured bridge and bond financing for its acquisition of Geriatros, a Spanish care homes business; and
    • a €328 million senior secured bridge and bond financing for its acquisition of SARQuavitae, a Spanish care homes business
  • AMC Entertainment in a $1.15 billion bridge facility to finance its acquisition of Odeon Cinemas
  • Perform Group, a portfolio company of Access Industries, in its £175 million inaugural offering of senior secured notes
  • Goldman Sachs, Deutsche Bank and J.P. Morgan in a an offering of senior secured notes by PizzaExpress, a portfolio company of Hony Capital
  • Centerbridge Partners in an offering of senior secured notes to finance its €1.2 billion acquisition of Senvion, a German wind turbine manufacturer

Equity Capital Markets  

  • Goldman Sachs, Banco Itau BBA and the other underwriters and placement agents on Oncoclinicas do Brasil Servicos Medicos’ approximately $700 million initial public offering and listing on the B3 - Brazil Stock Exchange
  • InPost and the selling shareholders on the initial public offering and listing of InPost on the Euronext Amsterdam, the then-largest ever European technology IPO
  • Ardian and Sofina in their €80 million sale of shares in Mersen via an accelerated bookbuild process
  • Kinder Morgan Canada Limited in its CDN$1.75 billion offering of restricted voting shares
  • Centerra Gold in its CDN$170 million offering of subscription receipts, representing a right to receive common shares, to finance its acquisition of Thompson Creek Metals Company
  • First Quantum Minerals in its CDN$1.5 billion offering of common shares and listing on the Toronto Stock Exchange
  • Advent International in its £60 million sale of shares in DFS Furniture plc via an accelerated bookbuild process
  • General Atlantic in its €120 million sale of shares in Axel Springer via an accelerated bookbuild process
  • Advent International in multiple sales of shares in Equiniti plc via accelerated bookbuild processes
  • Initial public offerings and rights issuances by Brit Insurance, FirstGroup, RSA Insurance Group, Stock Spirits Group, etc. (while at previous firm)

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