Matthew Myungchul An is an experienced debt finance attorney, with prior experiences that range from corporate law to banking, real estate and aircraft finance, energy and infrastructure, as well as compliance and regulatory functions. He is a member of the firm’s Finance and Fund Formation & Investment Management (FFIM) Practices and the Innovative Technology Sector.
Matt represents public and privately held companies, financial institutions, and private equity sponsors in all stages of corporate finance transactions. His work spans over multiple industries and diverse debt capital structures, including acquisition financings, syndicated and bilateral financings, mezzanine financings, bridge financings, asset-based and cash flow financings, and multiple lien and subordinated debt financings. His experience includes debt financing transactions involving a complex debt stack and global collateral packages in the United States, Europe, South Korea, Japan, and China, as well as distressed loans where he represents borrowers and lenders on lender liability management, collateral review, loan modifications, forbearances, bridge financing and debtor-in-possession loans.
He also regularly represents funds clients in various fund finance transactions such as subscription line facilities, NAV facilities, Manco loans and secondary portfolio acquisition financings.
His practice includes the representation of emerging growth companies in the technology, healthcare, food and beverages and other industries in all stages of venture debt transactions, as well as insurance companies in various types of insurance-wrapped intellectual property-backed financings.
Prior to joining Foley, he has worked as Legal Counsel in two fortune 500 companies and as a counsel at another AmLaw 50 law firm in New York City.
Representative Experience
- Represented a leading global health care private equity fund in an acquisition financing of a global medical device company.
- Represented a skincare developer in a dividend recapitalization transaction.
- Represented a distressed 3D printer manufacturer in a loan modification and the restructuring of its debt stack.
- Represented a wholesale e-commerce company in the refinancing of a working capital loan facility and the issuance of new warrants.
- Represented an inventory management services company in the incurrence of a new warehouse facility involving a structured payoff of an existing facility and collateral reshuffling.
- Represented various private equity funds in the incurrence, renewal and modification of subscription line facilities.
- Represented an infrastructure-focused private equity fund in the incurrence of a new management company loan.
- Represented a global insurance company in the loan modification, forbearances, bridge financings and collateral disposal (Article 9 sale, assignment for the benefit of creditors, Chapter 11 liquidation and pre-pack) across its insurance-wrapped intellectual property-backed financing portfolio.
- Represented an administrative agent in a debtor-in-possession (DIP) financing involving a satellite-terrestrial network service provider.
- Represented a public company on a comprehensive refinancing of existing credit facilities and the incurrence of an incremental term loan.*
- Represented a financial institution acting as administrative agent in several rounds of forbearances and loan amendments.*
- Represented a credit bidding lender in an acquisition financing of a distressed consumer goods manufacturer.*
- Represented a syndicate of lenders in a cross-collateral acquisition financing of two Korean auto component businesses.*
- Represented a syndicate of lenders in a global acquisition financing with respect to Korean subsidiaries.*
- Represented a private investment firm in an asset-based lending financing to a global winter apparel company.*
- Represented leading global investment managers all types of fund financings, including subscription lines, NAV facilities and secondaries financings.*
- Represented multiple Korean asset managers in separate transactions related to a mezzanine financing and B-note financing of hotel assets and retail spaces across the U.S.*
- Represented a Korean asset manager in separate transactions related to the acquisition of multiple portfolio of student housing facilities across the U.S.*
- Represented a major financial institution in separate transactions related to asset backed loan transactions involving a portfolio of commercial aircraft.*
- Represented a major airline in AFIC-guaranteed finance lease transaction of two Boeing 787 Dreamliner aircraft – Airfinance Journal’s Overall Deal of Year (May 2018).*
- Represented multiple low-cost airlines and aircraft lessors in separate transactions related to sale & leaseback, operating lease, and lease assignment.*
- Represented a Korean financial institution and strategic investor in its equity investment in an interstate natural gas pipeline company in the U.S.*
- Represented multiple financial investors in separate transactions related to its debt investment in power plants across the U.S.*
- Represented a Korean asset manager in its equity investment in motorway service station in the U.K.*
*Matters handled prior to joining Foley.
Affiliations
- Member, American Bar Association
- Member, New York State Bar Association
- Member, National Asian Pacific American Bar Association (NAPABA)
- Member, Asian American Bar Association of New York (AABANY)
- Member, Korean American Lawyers Association of Greater New York (KALAGNY)
Presentations and Publications
Presentations
- Speaker, “How to Get Your Company Venture Fundable,” Korean Startups Entrepreneurs Innovation Weekend (December 13, 2024)
Publications
- Co-author, “Why Korea is Gaining Prominence for M&A Activity,” JP Supra Morning Brief Digest (November 7, 2024)
Languages
- Korean
Foley Advises Five Elms Capital in $1.1B Fund VI to Back High-Growth Software Companies
KSE LA Event: Explosion of K-Content
Foley Represents cQuant.io in Acquisition by Zema Global
Korean Startups & Entrepreneurs: Innovation Weekend
