• Scott Welkis has worked for more than 25 years in the debt financing space, guiding clients on both sides of transactions in the origination, negotiation and completion of an extensive range of traditional and alternative financing arrangements. In the special situations financing arena, Scott has represented traditional and alternative capital providers, investors and borrowers in these complex transactions since the inception of the market. Drawing on his long experience in debt and distressed financing, as well as with in-court and out-of-court restructurings, Scott strategizes, structures and executes creative, market-leading and often bespoke financing solutions for clients.

    Scott advises and represents capital providers — banks and traditional financial institutions, and established and emerging alternative capital sources, including credit funds, hedge funds and distressed investors — in the origination and structuring of a wide spectrum of corporate debt financings, including senior, subordinated and unsecured financings, leveraged loans, and asset-based loans. In one notable transaction, Scott advised a leading global investment management firm in the creation of a bespoke loan that involved the configuring of a situation-specific collateral structure made necessary by the borrower’s existing financing arrangements, as well as restructuring and make-whole considerations, and protracted negotiations with the company and its counsel, to arrive at a financing solution meeting the parties’ immediate and future objectives.

    On the borrower’s side of the table, Scott guides private and public companies, including post-restructured companies, in structuring and executing financing transactions for their short- and long-term capital needs, including new money financings, rescue loan transactions and debtor-in-possession (DIP) financings. He advises companies throughout the debt life cycle, navigating them through financial challenges, restructurings and other distressed situations that frequently include complex intercreditor issues and governance concerns. Scott recently represented a post-restructured company in both a leveraged dividend loan transaction and a subsequent out-of-court debt-to-equity exchange.

    Experience

    • Represented holders of second-lien debt of a renewable energy company, structuring a new money rescue loan and subsequent debtor-in-possession (DIP) financing and replacement DIP financing with complex intercreditor issues.

    • Advised a leading global investment management firm in the creation of a bespoke loan and collateral structure made necessary by existing financing arrangements, leading the challenging negotiations with the borrower and counsel and creating collateral structure solutions.

    • Represented one of the world’s leading dry-bulk shipowner-operators in a dual-path bankruptcy financing and in out-of-court restructuring.

    • Represented a leading metallurgical coal company in a $125 million amended and restated asset-based revolving credit agreement.

    • Advised a leading metallurgical coal company as the issuer in a 144A/Regulation S offering of aggregate $350 million principal amount of 8.00% senior secured notes, the proceeds of which were used to pay a special cash dividend.

    • Assisted a prominent energy company hedge fund and affiliated borrowers in $2 billion in project financing facilities consisting of a first lien revolving and term loan facility, a second lien term loan facility, and a holding company term loan with warrants to support the acquisition and operation of energy-generating assets.

    • Represented a private equity fund in a $550 million acquisition financing of a 2,815 MW portfolio of six natural gas-fired power plants.

    Credentials

    Education

    • J.D., Fordham University School of Law, 1996
    • B.A., Trinity College, 1993

    Bar Admissions

    • New York, 1997
    • New Jersey, 1997

    Court Admissions

    • U.S.D.C., Eastern District of New York
    • U.S.D.C., Southern District of New York