BDC Essentials

Eversheds Sutherland has developed a substantial BDC and alternative assets practice focused on facilitating access to the public capital markets for private equity managers. We have the breadth and depth to complete complex transactions efficiently, and we have the capacity to serve the ongoing needs of these regulated entities, their management teams and advisers, including:

• fund formation and initial public offerings;

• accessing debt and equity capital markets through shelf equity offerings, convertible private debt offerings, public debt offerings, rights offerings and tender offers;

• structuring and formation of financing vehicles, including SPVs and CLOs; providing counsel to the Board and its independent directors;

• developing and reviewing compliance programs;

• providing counsel at the time of an SEC exam;

• developing investment advisory fee structures;

• providing RIC tax guidance;

• preparing exemptive applications and other regulatory relief;

• structuring complex portfolio company acquisitions and dispositions to meet regulatory requirements;

• managing all aspects of strategic transactions with other regulated entities;

• and much more.

Eversheds Sutherland has been at the forefront of regulatory activity at the SEC, SBA and IRS impacting the alternative assets industry for over 20 years. We focus on developments in the industry affecting internally and externally managed business development companies (BDCs), including traded, non-traded and private BDCs, small business investment companies (SBICs), and other structured vehicles including special purpose acquisition vehicles.

As a leading firm representing BDCs and their underwriters nationwide, Eversheds Sutherland established the annual BDC Roundtable in 2002 for the benefit of the whole industry.

If you'd like to learn more about Eversheds Sutherland's BDC and alternative asset practice, please contact us.