Scott Colton is a partner in the Alternative Lender and Private Credit practice, focused on the global alternative lender platform. He is also a part of the Paul Hastings Finance practice and is based in the firm’s New York office.
Mr. Colton’s practice focuses on complex finance transactions and credit arrangements, particularly those financings that include a junior capital component or multiple tranches of debt. He repeatedly structures and negotiates a wide range of financing facilities, such as mezzanine debt, second-lien loans, bifurcated unitranche facilities, first-out/last-out facilities, and first-lien and senior-stretch loans, and he has significant experience in interlender issues and regularly negotiates intercreditor agreements, agreements among lenders and other intricate interlender arrangements. He also regularly represents his lender clients in navigating secured creditor and distressed lending issues
related to out-of-court debt restructurings.
Mr. Colton represents a broad array of alternative lenders and investors, including private equity funds, traditional mezzanine funds, second lien lenders, hedge funds, BDCs, SBIC funds, one-stop shops, insurance companies, and specialty finance companies, often in the context of domestic and cross-border strategic and sponsor-backed leveraged buyouts, recapitalizations, refinancings, and restructurings. During his time in practice, Mr. Colton has structured and closed a high volume of financings across various different industries for transactions ranging from $10 million to over $1 billion.
- Recognized by Private Debt Investor in their inaugural Rising Stars list, which recognized only 30 young professionals globally who are working on private debt—including attorneys, general partners, limited partners, finance and debt advisors, fundraisers, and placement agents.
- Praised by a colleague as "one of the nation's most experienced attorneys with respect to negotiating agreements among lenders."
- University of Virginia School of Law, J.D., 2005
- Cornell University, School of Industrial and Labor Relations, B.S., 2002
- The second lien agent and lenders in a $415.0 million second lien term facility in connection with the sponsor-backed acquisition of Nord Anglia, a multi-billion dollar multi-national school business.
- The second lien agent and lenders in a $150.0 million second lien term facility in connection with a sponsor-backed $780.0 million acquisition of the Constellation Brands wine portfolio.
- The agent and lenders in a $54.0 million senior credit facility in connection with the sponsor-backed acquisition of SRS Acquiom, an M&A advisory business.
- The agent and lenders in a $55 million second lien loan in connection with a $340 million sponsor-backed acquisition of a technology company specializing in preventing intoxicated drivers from operating vehicles.
- The agent and lenders in a $40 million senior secured credit facility in connection with a refinancing of existing indebtedness for a gaming and entertainment company.
- The agent and lenders in a $140 million second lien loan in connection with a $500 million strategic acquisition of a medical device company.
- The agent and lenders in the purchase of $20 million of subordinated notes in connection with a $110 million sponsor-backed acquisition of a food service company.
- The agent and lenders in a $340 million second lien loan in connection with a $1 billion sponsor-backed acquisition of an insurance brokerage company.
- The last out lenders in a $50 million bifurcated unitranche credit facility in connection with a strategic leveraged buyout of a pharmaceutical company.
Engagement & Publications
- Macquarie Direct Lending Summit (Park City, UT - March 2020): "Private Credit and Direct Lending: Market Update and Recent Trends in Documentation"