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Nancy R. Finkelstein

919 Third Avenue
New York, New York 10022
United States of America
P: +1 212.756.2419
E:

Nancy R. Finkelstein, a partner in the New York office, represents financial institutions, finance companies and investment banks as lenders, and private equity investors as borrowers, in large-scale leveraged acquisitions (including senior debt, second-lien loans and bridge financings) and complex multi-tiered debt restructurings (including debtor-in-possession and exit financings) of both public and private companies. Nancy also represents hedge fund and fund of funds in financings, private equity funds in capital call facilities, and fund and finance company borrowers in warehouse and collateralized loan facilities. In addition, she counsels buyers in the acquisition of secondary debt positions in complex debt-and-capital structures, and advises lenders and borrowers in connection with customized debt products for high-net-worth individuals and funds.

Nancy is a member of the Commercial Financial Services Committee of the American Bar Association, the New York City Bar Association and the Turnaround Management Association. Nancy earned her B.A. from Hunter College of The City University of New York and is one of a handful of New York attorneys who was admitted to the bar after performing law office study through a sponsored law clerkship pursuant to Section 520.5 of the Rules of the Court of Appeals of the State of New York.

Selected Representations

Private equity fund in a $900 million defense sector acquisition financing.

Major investment bank in connection with a $200 million debt to equity conversion as part of a large telecommunications sector restructuring.

Middle market toy manufacturer in its $70 million exit financing.

High net worth individuals in connection with $60 million financing facility.

Fund in connection with an $80 million debt refinance and acquisition financing of a hospice company.

General partner of a hedge fund in connection with $100 million personal debt restructuring.

Private equity funds in financings secured by capital calls aggregating $250 million.

Registered investment fund in connection with an $80 million fund financing.

Fund in connection with the leveraged acquisition of a premium brand beauty business.

Fund in connection with the leveraged acquisition of a retail jewelry business.

Fund of funds in connection with secured financings aggregating over $650 million.

Fund in connection with a loan in a South American energy facility.

Investor group in connection with a number of distressed energy-based acquisitions.

Fund lender in connection with certain short term financing of a casino operator.

Fund in connection with restructurings related to a waste management business.

Hedge funds seeking various “toehold” bond positions in financially challenged companies with a view towards possible equity ownership.

Selected Publications

“Case Study: Interpharm v. Wells Fargo,” Law360, September 2011

“Second Circuit Rejects Borrower’s Economic Duress Challenge and Upholds Validity of Release Contained in Post-Default Forbearance Agreement,” SRZ Client Alert, September 8, 2011

More

Selected Speaking Engagements

“Issues for Funds as Providers and Users of Leveraged Loans,” SRZ 16th Annual Private Investment Funds Seminar, January 2007

More

Memberships

American Bar Association
    Member, Commercial Financial Services Committee
New York City Bar Association
Turnaround Management Association

Bar Admissions

  • New York

Court Admissions

  • U.S. District Court, Southern District of New York

Education

  • Law Clerkship, pursuant to Section 520.5 of the Rules of the Court of Appeals of the State of New York
  • Hunter College, CUNY, B.A.

Prior Experience

Partner, Kaye, Scholer, Fierman, Hays & Handler, LLP