Emily K. Smith

Emily Smith represents public pension funds and other institutional investors in connection with domestic and offshore private equity, hedge fund, co-investment and other alternative investment transactions covering a broad range of investment strategies. She also advises clients on asset-back securitizations, municipal finance and other structured finance transactions in the primary and secondary markets. Emily has extensive experience in ongoing surveillance and workout matters relating to the above-described types of transactions as well.

Experience

Emily’s representation of public pension funds and other institutional investors includes review, negotiation and/or drafting of the related investment documentation, including offering documents, limited partnership agreements, investment management agreements, side letters, subscription agreements, non-disclosure agreements, investment summaries, managed account agreements, derivative contracts, opinions, clawback guarantees, administration agreements and background due diligence reports.

Emily’s representation of clients in connection with securitizations, municipal finance and other structured finance transactions includes review, negotiation and/or drafting of the related transaction documentation, including offering documents, term sheets, indentures, servicing agreements, trust agreements, purchase agreements, guarantees, opinions, insurance agreements, insurance policies, letters of credit, administration agreements, nondisclosure agreements and derivative contracts.

Emily’s representation of clients in connection with ongoing surveillance and workout matters includes review, negotiation and/or drafting of consents, amendments, waivers, restructuring of credit enhancement, servicing transfers, termination of securitization trusts, and sales of pools of residential mortgage loans, and review and analysis of complicated cash flows, mortgage loan representations and warranties, repurchase obligations, servicing obligations, loan modifications and enforcement rights and remedies of controlling parties.

Publications

Speaking Engagements

News

Community & Professional

Arizona Bar Association

ILPA LPA Task Force

National Association of Public Pension Attorneys

Texas Bar Association