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24.08.2022

News

Some highlights of our Banking & Finance work

Gryphon Capital Income Trust

Advising on the launch and ASX listing of the $300 million Gryphon Capital Income Trust, the first listed fund investing exclusively in Australian RMBS and ABS securities, and advising on the payment of the offer costs and structuring a manager loan.


YHA

Advising on the refinance of YHA’s debt facilities for its real property holdings and operations into a syndicated facility for circa $100 million, involving negotiating the syndicated facility agreement and security documents, including real property mortgages in all jurisdictions across Australia, and attending to settlement.


One Investment Group

Advising on establishing approximately 30 managed investment schemes each year, including debt funds. We are the lead adviser to OIG which has in excess of $35 billion of fund assets under management.  


Chauvel Capital

Advising on the acquisition of a $150 million portfolio of retail shopping centre and childcare development sites across South East Queensland, such as the Queen Street Village shopping precinct in Southport (Gold Coast), including advising on legal due diligence, complex contract negotiation and conveyancing, retail leasing, development management and construction documentation, and finance facility.


MARQ Private Funds

Lead adviser to MARQ, a specialist wholesale fund manager, including establishing several wholesale debt funds and advising on debt finance documents MARQ has entered as trustee of funds (as both lender and borrower).


Australian Secure Capital Funds

Acting for the responsible entity that established two retail mortgage investment schemes, including obtaining the AFS licence, preparing each scheme’s constitution and compliance plan, registering the schemes with ASIC and settling the PDS detailing the investment opportunity.


White & Partners

Advising White & Partners (part of the Ray White group of companies) on establishing more than 10 debt funds each year, with a combined value of over $150 million, including structuring advice to the trustee, establishing the relevant structure (often a head fund/sub-fund), and advising on the disclosure documents.


Premium Commercial Property

Advising a national property fund manager on acquiring debt finance for its joint venture acquisition of a commercial property in Sydney for $115 million, including advising the senior and mezzanine borrowers on a $70 million senior facility and a $17 million mezzanine facility, and subsequently advising on the sale of the fund manager’s interest to its joint venture partner.


John Maddison Tower (Sydney)

Advising Telane Pty Ltd on the complex restructuring of the leasing arrangement for the John Maddison Tower located at Goulburn Street, Sydney (crown leasehold and subleased to the Department of Justice), including negotiating and documenting reconfiguration of the head lease, amending the existing financing arrangement, negotiating and finalising a new sublease and then advising on the purchase of the rental stream deriving from the sublease on a net present value basis by ANZ through a structured receivables purchase facility.


Homeworld Helensvale

Assisting with the negotiation of a $60 million finance facility to fund the future development of Homeworld Helensvale, from initial discussions and selecting a preferred financier, to negotiating a term sheet and documents.


Allfin Capped Interest Fund – Series 1

Lead adviser to the fund’s trustee, MARQ Private Funds, on establishing the fund, preparing the information memorandum, drafting a bespoke loan agreement, preparing a loans manual, and conducting information memorandum verification. The fund was established as an innovative source of lending to a highly regulated retail sector.


Authors

Emma Donaghue

Emma Donaghue

Partner

Contact McMahon Clarke

Brisbane
T +61 7 3239 2900
A Level 7, 100 Creek Street, Brisbane Qld 4000

Melbourne
T +61 3 9909 1400
A Level 2, 696 Bourke Street, Melbourne Vic 3000