Q. Scott Kaye, a partner in Goodwin Procter’s Business Law Department and member of its Corporate Practice, specializes in finance and restructuring matters. He has extensive experience in advising acquisition finance lenders, private equity funds and their portfolio companies, and Debtor in Possession lenders and borrowers.
WORK FOR CLIENTS
Mr. Kaye represents lenders and borrowers, specializing in assisting financial buyers such as private equity and hedge funds, in acquisition financing, asset-based lending, bridge financing, liquidity lines, mezzanine and subordinated debt, second lien financing, DIP financing and trustees, debtors, DIP lenders, and creditors in out-of-court workouts and formal bankruptcy proceedings.
Experience and expertise tempered with practicality has resulted in advising clients on more than $55 billion in debt financing in over 100 hundred transactions in recent years. He has done extensive work in negotiating and documenting all aspects of complex credit documents, subordinated and mezzanine debt positions, advising clients on corporate asset isolation strategies, and the use of Special Purpose Vehicles. Additionally, Mr. Kaye advises bank and non-bank lenders and other commercial entities on the complexities of federal securities margin regulations and the application and interpretation of FASB Statements.
Mr. Kaye’s vast knowledge of technology allows him to understand the complexities unique to asset-based lending, asset acquisitions and other financing arrangements in the technology sector or the implementation of new technologies in projects. He has used this unique skill set to advise clients on establishing digital radio projects in the European Union; representing insolvent telecommunications companies liquidating their assets; advising hedge funds on how to structure acquisitions of technology companies; and representing second lien lenders financing energy projects.
PROFESSIONAL ACTIVITIES
Mr. Kaye is a member of the Financial Lawyers Conference and the American Bar Association. He is a former member of the Central Florida Bankruptcy Law Association and the Japan Foreign Lawyers Association.
MEDIA
Mr. Kaye’s publishing credits on finance and restructuring include co-authoring “Adventures in Acquisition Finance” and “The Impact of Private Equity and Hedge Funds on Insolvencies,” both of which appeared in Worldwide Financier. He is the co-author of a chapter entitled “Protecting the Private Equity Firm in Merger and Acquisition Transactions” that appeared in Private Equity Fund Exposure and Protection: Leading Lawyers on Weighing Investment Risks, Structuring Prudent M&A Transactions, and Preparing for Increased Government Involvement (2009). In addition, Mr. Kaye has lectured on structuring mezzanine debt positions and intercreditor issues.
PROFESSIONAL EXPERIENCE
Prior to joining Goodwin Procter, Mr. Kaye was a partner at McDermott Will & Emery LLP, where he was a member of that firm’s corporate department and Global Finance Group. Following law school, he served as a judicial law clerk to the Honorable Karen S. Jennemann, United States Bankruptcy Judge, Middle District of Florida.
BAR AND COURT ADMISSIONS
Mr. Kaye is admitted to practice in California and Florida, and before all Federal District Courts in California.
RECOGNITION
While in law school, Mr. Kaye was the Senior Technical Editor of the University of Florida College of Law’s Journal of Technology Law and Policy.