Business acquisitions and asset purchases help businesses to become more efficient and to explore new growth opportunities. Kensington Swan has significant experience in acting for both borrowers and lenders in acquisition and asset financing.
Understanding the imperatives behind a business acquisition or asset purchase is essential to determining the appropriate structure to put in place. Our lawyers take a broad perspective, without losing sight of the detail required to ensure you receive the best result.
Because we have worked for both borrowers and lenders, we are well placed to provide practical, well rounded, commercial advice. We use this experience to develop the best structure from the outset.
IBM New Zealand Limited
IBM turned to Kensington Swan to advise it on the operating lease structure for its main data centre in New Zealand. We assisted with negotiating the terms of the agreements involving various lenders and other parties, and the security arrangements of the fit-out. Accommodating the various interests, including developing the appropriate security structure, added significant complexity to a highly successful transaction. The final form of the transaction has provided IBM with security and certainty in its new data centre, from which it operates its extensive technology infrastructure throughout New Zealand.
We acted for CentrePort on its successful negative pledge funding. We continue to advise on the separate finance leasing of various equipment, including our client’s straddle carriers. Our institutional knowledge of CentrePort enables us to successfully identify issues that need to be addressed in financing documents, and to provide flexibility for future needs.
Taranaki Land Limited
Our client required funding to build multi-storey residential apartments in the heart of Wellington. Drawing on the skills of our property and corporate team, Kensington Swan advised them on all aspects of the project, including developing the funding and security structure to be mutually beneficial for both funder and company. When completed, the Peak apartments will provide luxurious apartment living in the heart of Wellington City.
Gazley Tory Motor Group Limited
One of the current shareholders of Gazley Tory Motor Group wished to consolidate its interest in the Group by purchasing the balance of the shares. We advised interests associated with the Group in all aspects of the transaction, including the financing and security structure of the purchase.
Related legal services
Property and real estate law