JMK acts and advises Social/Impact Funds, Commercial Banks, Microfinance Institutions, Saccos, Investment Companies/ Funds, Private Equity Firms, Insurance Companies among others on a full range of services in the banking and finance sector.
The Firm offers transactional advice on structuring and restructuring of financing transactions including complex transactions such as syndicated financing and cross border transactions. The Firm also acts in preparation and review of all forms of security documents including loan agreements, legal charges and mortgages, corporate guarantees and debentures, deeds of guarantee and indemnity, deeds of subordination, collateral management agreements, tripartite agreements, deed of subordination, pledge on shares, pledge on bank account, deed of assignment of receivables, inter creditor agreements among others. The Firm further attends to all routine formalities in perfection of securities such as stamping and registration of security documents.
The Firm prides in its wide range of corporate clientele in the financial sector. These include Mayfair Bank, Iungo Capital B.V., SAHEL Capital, Social Enterprise Fund for Agriculture in Africa, Agri-business Capital Fund, Zenka Digital Limited, D.Light Limited, Kenya Reinsurance Corporation Ltd, Micro Enterprises Support Programme Trust, Chai Sacco, Sheria Sacco and Balozi Sacco.
Some notable transactions that the Firm has undertaken in this area of practice include:
- The Firm has acted for its client Iungo Capital B.V. (an impact investment company) to structure a cross-border investment in a multinational company with subsidiaries in Kenya, Uganda & South Sudan of subject value of USD 800,000.00
- The Firm has acted for its client Iungo Capital B.V. (an impact investment company) to structure a syndicated and cross border financing in a multinational company with subsidiaries in Kenya, Rwanda & US of subject value of USD 500,000.00. The Firm successfully negotiated an inter-creditor agreement and deed of subordination with four other international investment companies as junior lenders.
- The Firm has acted for SAHEL CAPITAL and Social Enterprise Fund for Agriculture in Africa (SEFAA) a Luxembourg based investor, in financing a multinational company based in Kenya with subsidiaries in Tanzania and Spain of a subject value of USD 600,000. In particular, the Firm was involved in conducting legal due diligence and offering of legal due diligence report in relation to the investee, offering of a transaction legal opinion and was also involved in structuring the transaction including the drafting and registration of the security documents.
- The Firm has acted for SAHEL CAPITAL and Social Enterprise Fund for Agriculture in Africa (SEFAA) a Luxembourg based investor, in structuring a debt investment in an investee company based in Kenya for a subject value of USD 1,000,000. The Firm was involved in the conduct of legal due diligence over the investee company and offering of a due diligence report and it was also involved in offering transaction legal opinion as well as the drafting and registration of security documents.
- The Firm advised and acted for a top retailer in the structuring of a mezzanine facility advanced from an international investment company of the subject value of Kshs. 1,000,000,000.00
- The Firm acted for Agri-Business Capital Fund, a private impact investment fund initiated by International Fund for Agricultural Development (IFAD), in offering transaction legal opinion relating to a debt investment, in particular the Firm offered legal opinion on the investee’s borrowing power and capacity and the enforceability of the security documents. The Firm was also involved in the drafting and perfection of security documents. The transaction value was USD 500,000.
- The Firm has advised International Investment Companies/funds on how to set up a security agent to facilitate the perfection of securities on behalf of these lenders in view of the Kenyan laws enabling foreign direct investment.
- The Firm has advised on, prepared and registered various security documents for its clientele being commercial banks and non-banks’ lending institutions of subject value of up to Kshs. 140,000,000.
- The Firm has advised and structured a conversion of debt to equity of subject value of USD 2,000,0000.00 on behalf of its client an international investment company.