Scott Colton

Partner

Areas of Focus

Scott Colton

Partner

scolton@akingump.com

Areas of Focus

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Biography
  • Focuses on complex direct lending transactions, private credit investments and other financing transactions.
  • Extensive experience with negotiating complex intercreditor issues and agreements among lenders.

Scott represents private credit investors in sophisticated finance transactions and credit agreements of various sizes and structures, including financings that include a junior capital component or multiple tranches of debt. He regularly structures transactions involving first-lien loans, second-lien loans, bifurcated unitranche facilities, first-out/last-out facilities, first-lien and senior-stretch loans and mezzanine or junior capital facilities.

Scott has extensive experience with interlender issues and regularly negotiates intercreditor agreements, agreements among lenders and other intricate interlender arrangements. He also advises on secured creditor and distressed lending issues in special situations and out-of-court debt restructurings.

Scott’s clients include private equity funds, traditional mezzanine funds, second lien lenders, hedge funds, BDCs, SBIC funds, one-stop shops, insurance companies and specialty finance companies.

Scott has structured and closed a high volume of financings across industries for transactions ranging from $25 million to more than $1 billion.

Representative Work
  • Represented the first lien agent and lenders in a $530 million senior secured first lien facility in connection with the financing for the sponsor-backed acquisition of Anthology’s Blackboard Collaborate to Finalsite.
  • Represented the second lien agent and lenders in a $415 million second lien term facility in connection with the $4.3 billion sponsor-backed acquisition of Nord Anglia, an NYSE-listed multinational school business.
  • Represented the second lien agent and lenders in a $150 million second lien term facility in connection with a sponsor-backed $780 million acquisition of the Constellation Brands wine portfolio.
  • Represented the agent and last-out lenders in connection with financing the purchase of a well-known movie post-production company, and the subsequent refinancing of the capital structure as a result of the Hollywood strikes in 2023.
  • Represented the second lien agent and lenders in connection with the $150 million distressed refinancing and recapitalization of the capital structure of a leader in industrial cleaning solutions.
  • Represented the agent and lenders in a $54 million senior credit facility in connection with the sponsor-backed acquisition of SRS Acquiom, an M&A advisory business.
  • Represented the agent and lenders in a $55 million second lien loan in connection with a $340 million sponsor-backed acquisition of a technology company specializing in preventing intoxicated drivers from operating vehicles.
  • Represented the agent and lenders in a $140 million second lien loan in connection with a $500 million strategic acquisition of a medical device company.
  • Represented the agent and lenders in a $340 million second lien loan in connection with a $1 billion sponsor-backed acquisition of an insurance brokerage company.
  • Represented the last-out lenders in a $50 million bifurcated unitranche credit facility in connection with a strategic leveraged buyout of a pharmaceutical company.

*List includes matters handled prior to joining Akin.

Education
  • J.D., University of Virginia School of Law, 2005

  • BSILR, Cornell University, 2002

Bar Admissions
  • New York

Recognitions
  • Private Debt Investor, inaugural Rising Stars list, which recognized only 30 young professionals globally who are working on private debt, including attorneys, general partners, limited partners, finance and debt advisors, fundraisers and placement agents.

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