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Banking & Finance

In the wired world of the 21st century, banking and finance transactions are more complicated than ever. Our financial services team has the expertise and depth to handle the most pressing and complicated banking transactions.

In the wired world of the 21st century, banking and finance transactions are more complicated than ever. Our financial services team has the expertise and depth to handle the most pressing and complicated banking transactions. Every day, we counsel financial institutions on commercial loan transactions and bank regulatory issues. For lending transactions, we partner with lender and borrower clients on commercial real estate loans, commercial and industrial loans, syndicated credits and restructurings. Our bank regulatory representation centers around de novo charters, bank holding company formations, mergers and acquisitions, branch sales and purchases, product development, compliance and other emerging regulatory issues.

Services

Bank Regulatory Services
In the highly regulated environment for banks and bank holding companies, knowing when to worry and when not to worry is important. Our financial services team counsels and guides clients through these critically important regulatory matters.

From product development to mergers and acquisitions, the bank regulatory concerns are always there. Our team regularly advises on the following types of transactions::
  • Formation of product-specific subsidiary
  • Branch acquisition
  • Loan to one borrower limitations
  • Customer privacy
  • Third party vendor due diligence/contractual relationships
  • Annual policies review and alignment
  • De novo charter
  • Acquisition
  • Change of Control (intentional and unintentional)
  • Marijuana industry lending
The intensity of the oversight, and its focus, vary over time, but be assured that there will always be a handful of subject matters that will be in the spotlight. Our financial services team is here to help you address, manage and comply with any regulatory issues that you encounter.

Commercial & Industrial Lending
Our financial services team advises commercial banks, ranging in size from small community banks to large regional and national banks on a wide range of commercial and industrial loan transactions in all industries. Our representation covers the entire loan life cycle: structuring, documenting, negotiating and closing. As part of our lending practice, we have experience dealing with and advising on many kinds of unique collateral, including tax credits, airplanes, helicopters, railcars/rolling stock, barges/ships, agriculture, government receivables and intellectual property.

Our attorneys also regularly advise lenders regarding the creation, attachment, perfection and priority of security interests and other uniform commercial code issues. We can provide guidance on statutory and common law liens that may impact the priority or enforcement of the lender’s expected security interest. We also regularly onnegotiate intercreditor and subordination agreements.
Our scope of services relating to C&I lending includes:
  • Acquisition financing
  • Asset-based financing
  • Agribusiness financing
  • Documenting commercial loans (on a single bank, club and syndicated basis)
  • Equipment leasing/finance
  • Loan participations
  • Letters of credit/credit enhancement transactions
  • Receivables financing
  • Review of loan documentation software and forms
  • Unsecured financing
Commercial Real Estate Lending
Our financial services team provides comprehensive counsel on a wide array of commercial real estate lending transactions and has experience in all aspects of complex commercial real estate lending, from structuring deals and drafting requisite documents, to negotiating and closing loans. Types of real estate transactions we have documented for our lending and banking clients include:
  • Construction finance
  • Mini-term and term loans
  • Hotel finance
  • Land acquisition and development (LAD) laons
  • Bridge and revolving credit facilities
  • Lines of credit
  • Government-assisted loan transactions
  • U.S. Small Business Administration (SBA)
  • Other government-assisted loan transactions
  • Letters of Credit
We have experience handling the financing of all types of real estate, located throughout the United States, including office, retail, warehouse/industrial, multifamily, condominium, senior housing, assisted living, marina and hotel/hospitality properties.

SBA Lending
Our financial services team provides a full range of services to lenders who utilize U.S. Small Business Administration (SBA) and other government guaranteed loan programs, such as U.S. Department of Agriculture (USDA) loan programs. There are a variety of government loan programs available for specific purposes and each come with very specific requirements. Our team works closely with local and national banks and non-bank lenders on these loan programs, particularly the SBA’s 7(a) and 504 loan programs. We also assist borrowers with obtaining and negotiating such loans.

Our experience and proficiency enable us to assist our lender clients with properly preparing and negotiating complete SBA loan documentation and closing SBA loans to ensure that the SBA’s requirements for its guarantees are met. Our attorneys also have experience with litigation and the liquidation of SBA loans and collateral to comply with the SBA’s unique rules to ensure payment under the terms of the SBA’s guarantees. Our knowledge and qualifications make us especially effective, and many lenders’ law firm of choice, to manage the challenges associated with the SBA loan programs’ special purposes and requirements.

Syndicated Lending & Participations
Our financial services team’s experience also includes structuring, negotiating and documenting syndicated credits and participations for banks and other financial institutions in numerous industries. We represent arrangers, agent banks and lenders throughout the syndicated transaction commencing with the term sheet and/or commitment letter, through due diligence and formal loan documentation, and attend to closing and post-closing matters. Our team also regularly represents lead banks and participants in negotiating and drafting loan participation agreements.

Syndicated credit transactions and participations present unique issues not existing in other credit arrangements. We work to make sure these transactions are appropriately structured and documented to remove unwarranted risks to both sellers and purchasers of loans.

Workouts and Loan Restructuring
Our financial services team represents a wide array of clients in workout and loan restructuring situations, ranging from mortgaged-backed securities for commercial banks to single property residential mortgage lenders. Our lawyers provide a level-headed businesslike approach to the legal and financial issues with the understanding that time may be critical in taking action to protect a creditor’s rights. While our practice focuses on lender representation, we also advise borrowers in similar situations. When loan workouts are not desired or achievable, our attorneys guide clients through the foreclosure process.

Our team’s workout and loan restructuring capabilities are:
  • Drafting forbearance, standstill or similar restructuring agreements
  • Preparing for and conducting real estate foreclosure sales
  • Preparing for and conducting UCC foreclosures
  • Drafting “deed in lieu” of foreclosure agreements
  • Implementing receiverships
  • Drafting default and acceleration letters
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