With one of the most experienced practices in this area in Ukraine, Mazur Ivanusa, LLC advise banks and other financial institutions, supranational lenders, on a full range of matters relating to finance. We can suggest effective solutions to the borrower’s needs or protect customary or transaction-specific lender’s requirements in the context of any particular finance transaction. We regularly advise lenders and borrowers on any issues ranging from straightforward secured or unsecured cross-border loans to sophisticated finance transactions involving large syndications of lenders, complex security structures and hedging arrangements.
Our attorneys combine first-class transactional experience with a deep knowledge of the legal issues affecting local and international lenders and provide specifically structured corporate, tax, antitrust, hedging and other solutions arising in the context of any particular financing transaction. We seamlessly perform all relevant due diligence procedures, liaise with all relevant state authorities with respect to the filings and the receipt of any necessary permits for a timely and successful closing of any finance transaction.
We provide advice on a full range of local and cross-border finance matters, including:
- Corporate finance (balance sheet loans);
- Asset and acquisition finance;
- Project finance;
- Structured finance transactions;
- Secured and unsecured syndicated and bilateral loans;
- Export credit;
- Financing transactions involving public and private placements of debt securities by Ukrainian issuers in Ukraine and abroad/issue of Eurobonds by Ukrainian issuers;
- Pre-IPO corporate restructurings;
- Depositary receipt programs;
- Transactions based on or involving derivatives (futures, forwards, swaps, options and other customary OTC transactions);
- Sale, assignment and other disposals of distressed debt;
- Creation, perfection and enforcement of security;
- Changes to security structure, secured parties or the collateral;
- Currency control, currency trading, prudential ratios/requirements applicable to Ukrainian banks, RWA issues, licensing and other financial regulatory advice;
- Post-closing support to agents and other finance parties/monitoring or assisting with matters relating to compliance with covenants and undertakings, other borrower deliverables/conditional waivers and technical defaults/maintenance of security/matters relating to changes to finance parties as well as providing other assistance and advice including in relation to administration of cash-flows created by lenders either for purposes of security or based on other arrangements of the finance documents.
Debt Capital Markets
Our expertise enables us to handle effectively large and complex debt offering transactions, anticipate and address the requirements of any party to it. The Firm’s attorneys are able to advise on all aspects of Regulation S/Rule 144A debt offerings, debt offerings providing for the application of the proceeds to Tier II capital of Ukrainian banks, launch and further implementation of EMTN debt programs, depositary receipt programs as well as private placements of various debt securities.
We support restructuring transactions of debt (Eurobond) offerings and scope of our services can also cover, among other things, advising on all Ukrainian law issues in connection with implementation of a UK scheme of arrangement, conducting exchange, tender offers and consent solicitations. Our team will also be able to advise on cross-border securitisations (mortgage, auto-loans, DPRs or of otherwise originated cash-flows). As Ukrainian law counsel, we will also cover all relevant regulatory concerns such as the Ukrainian foreign currency oversight (control), foreign currency exchange and licensing matters affecting any capital market transaction.