Josh Peary, Partner, Special Situations & Private Credit

Josh Peary

Partner

Areas of Focus

Josh Peary, Partner, Special Situations & Private Credit

Josh Peary

Partner

jpeary@akingump.com

Areas of Focus

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Biography
  • Focuses on complex financing transactions, including direct lending and other private credit investments, private equity-related corporate finance, special situation financings and recapitalizations, and in-court and out-of-court restructurings.
  • Extensive experience advising both lenders and borrowers in a broad range of domestic and cross-border financing transactions across sectors including technology, health care and consumer products, including leveraged buyouts, syndicated loan financings, cash flow and asset-based lending transactions and liability management transactions.
  • Represents direct lenders, private credit investors and other private capital and alternative capital providers.

Josh concentrates on private capital transactions, including direct lending and private credit investments, special situation financings, rescue financings and other recapitalization transactions, and in-court and out-of-court restructurings. He has extensive experience advising on leveraged buyouts. Josh represents direct lenders, private credit investors and other private capital and alternative capital providers on a broad range of financing transactions.

Josh draws on a deep knowledge of private capital transactions and has experience across a variety of industry sectors. Clients benefit from his practical approach and strong understanding of market trends.

Prior to joining Akin, Josh was a partner at an international law firm.

Representative Work
  • Represented Kennedy Lewis Investment Management in connection with a $490 million senior secured term loan credit facility to Limetree Bay Terminals.
  • Represented Bain Capital Credit in connection with an aviation lending joint venture with Griffin Global Asset Management.
  • Represented a commercial finance company in a financing for the acquisition of a ski resort. The financing consisted of a $125 million term loan and $30 million revolver.
  • Represented Kennedy Lewis Investment Management in connection with a $450 million senior secured term loan credit facility to Eastman Kodak Company.
  • Represented Canyon Partners, as lender, in connection with the amendment and extension of maturity of LifeScan Global Corporation’s $275 million second-lien term loan credit facility.
  • Represented Constellis Holdings LLC and certain of its affiliates in connection with amendments to extend the maturity of its existing $110 million first-lien term loan credit facility and $150 million second-lien term loan credit facility.
  • Represented an ad hoc group of lenders to a restaurant supply company in an out-of-court restructuring that involved a $35 million emergency bridge financing, the exchange of existing term loans for a $215 million takeback term loan facility and new equity, and the right to participate in a $350 million new-money rights offering (including a $92 million payment in kind (PIK) facility).
  • Represented an ad hoc group of lenders in connection with an up-tiering transaction in which the lenders provided a super-priority term loan facility to the borrowers comprised of a $135 million new-money first-out financing and first-out, second-out and third-out roll-up term loans issued as consideration for existing first lien term loans held by the participating lenders.
  • Represented an ad hoc group of lenders in connection with an $82 million debtor in possession financing for Lucky Bucks LLC to fund its capital needs during a chapter 11 case.
  • Represented a private credit manager in connection with a restructuring transaction with a value equivalent to approximately $70 million. The transaction restructured a portion of its interest in a company to which it was a lender so that it now holds a combination of debt and equity.

Education
  • J.D., Cornell Law School, 2013

  • B.S., Georgetown University, magna cum laude, 2010

Bar Admissions
  • Massachusetts

Insights and Achievements

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