Overview

Anastasia Kaup is a senior associate in Mayer Brown’s Banking & Finance practice. Anastasia represents a variety of financial institutions, funds, and corporate borrowers across a broad range of financing transactions, with specific focuses on fund finance and financing in distressed situations. Anastasia’s experience with transactions during downturns as well as growth cycles distinctively positions her to assist clients with a broad range of financing-related needs at any time.

Anastasia structures, negotiates and documents complex financings domestically and internationally, at all levels of the capital structure from the fund level to the portfolio company and asset level. She represents clients in the private equity, real estate, hedge fund, private credit, and distressed lending spaces in all varieties of transactions, including secured and unsecured, bilateral and syndicated, multicurrency and cross-border financings. Her fund finance experience covers a wide spectrum of transactions at every phase of a fund’s existence, including subscription credit facilities, management fee lines, and fund of fund financings. Anastasia also assists fund-related borrowers and lenders with the analysis and negotiation of investor documents with institutional, high net worth and sovereign wealth investors.

Anastasia also has significant experience counseling clients in distressed situations. Anastasia has represented clients in some of the most complex restructuring cases in the last decade, including representing creditors in two of the largest automotive and residential mortgage-related bankruptcy cases in history. Anastasia has substantial experience negotiating and documenting transactions involving multiple creditors, both in multi-tranche financings involving intercreditor and subordination agreements, and unitranche financings with agreements among lenders.

Clients have praised Anastasia for her creative, “level-headed and solution-oriented” approaches to transactions, superb organization, and going “above and beyond” to close transactions smoothly, efficiently, and on schedule.

Anastasia serves in multiple leadership positions within Mayer Brown’s Chicago office and the community, including co-chair of the firm’s LGBT Attorney Resource Group and co-chair of Lambda Legal’s Bon Foster celebrations in 2018 and 2019. Anastasia also maintains an active pro bono practice.

Prior to joining Mayer Brown in 2016, Anastasia practiced with another prominent international law firm.

Areas of Focus

Experience

  • Represented a private equity fund sponsor in multiple syndicated and bilateral credit facilities to its funds as borrowers including on subscription credit facilities for a $3.2 billion fund and a $2.1 billion fund, and on cross-border, syndicated, multicurrency leveraged financing facilities to its funds’ portfolio companies.
  • Represented a hedge fund manager in connection with multiple interrelated fund of funds syndicated credit facilities to its funds as borrowers, totaling $2.2 billion dollars.
  • Represented a management company and general partner of a $1.2 billion real estate fund in connection with subscription-backed credit facility and management fee line of credit.
  • Represented a lender, administrative agent and collateral agent with respect to three subscription credit facilities issued to related private equity fund borrowers with $750 million in capital commitments, including counseling with respect to insolvent portfolio company and in negotiations of subordination and intercreditor agreement for portfolio company-level debt.
  • Represented a lender on a subscription credit facility issued to a real estate fund borrower with $120 million in capital commitments.
  • Represented an alternative investment management firm as joint lead arranger and a lender on a syndicated, unitranche revolving and term credit facility to portfolio company borrowers, including in negotiations of agreement among lenders with other senior lender and multiple subordination and intercreditor agreements with junior lenders and equityholders.
  • Represented a private credit fund manager as lender and administrative agent on split lien and split collateral term and revolving credit facilities issued to a portfolio company borrower, including with respect to negotiation of subordination and intercreditor agreement and sponsor guarantee agreement.
  • Represented an international steel conglomerate as borrower on multiple syndicated, cross-border, multi-currency credit facilities, including with respect to workouts of defaults and negotiation of intercreditor agreements.
  • Represented a private credit fund manager and its funds as borrowers in connection with numerous subscription and management fee credit facilities including for “funds of one”, commingled and international funds.

Education

University of Utah, Honors BS, cum laude, Beehive Honor Society

University of Michigan Law School, JD, cum laude, Publication Manager, Michigan Journal of Gender & Law

Admissions

  • Illinois
  • New York

Court

  • US Court of Appeals for the Second Circuit
  • US Court of Appeals for the Seventh Circuit
  • US District Court for the Eastern District of New York
  • US District Court for the Southern District of New York
  • US District Court for the Northern District of Illinois

Memberships

  • Co-Chair, Lambda Legal Bon Foster Celebration Planning Committee, 2018 and 2019
  • Co-Chair, University of Michigan Law School Class Reunion Committee