We counsel lenders, investors, and borrowers engaged in complex, innovative financing transactions.
With experience across a full range of deal structures, our Financial Services team quickly grasps the basics of each transaction, develops the most cost-effective approach, and addresses problems and issues as they arise. We regularly advise financial institution clients as lenders, issuers, underwriters, credit enhancers, and servicers, and have a proven ability to handle the most sophisticated transactions as well as routine matters where controlling cost is essential.
On the borrower side, we have helped companies from a wide range of business sectors in securing on- and off-balance sheet loans and credit facilities, recapitalizations, synthetic leases, and other financing structures. Additionally, we assist both creditors and debtors with workouts and restructures, asset recoveries, foreclosures, and asset dispositions.
Clients appreciate our efforts to minimize legal costs by staffing deals with partners, associates, and legal assistants from various Shumaker, Loop & Kendrick, LLP offices as needed. Our development of standardized procedures and forms for our clients’ transactions is another value-added advantage. Senior management, senior leaders, credit committee members, and in-house counsel are equally comfortable working with our lawyers because we handle so many different deal structures and strategies.
Having sat on both sides of the table, we have a clear understanding of how to protect a lender’s interests within a borrower’s comfort level on a wide range of transactions. Because these transactions can be used for a wide range of purposes—merger and acquisition funding, recapitalization, investment syndication, asset purchases and leases, standby letters of credit, and more—we make sure they meet all the requirements of the Uniform Commercial Code (UCC) and provide for proper collateral protection in the event of default or bankruptcy.
- Commercial banks
- Insurance companies
- Real estate investment trusts (REITs)
- Investment, equity, and venture funds
- Private and public companies from a wide range of business sectors—including health care, manufacturing, aviation, professional sports, hospitality, and utilities—seeking credit facilities and investment capital
- Development of financing transaction structures
- Negotiation and preparation of loan and security documentation
- Resolution of covenant, collateral, guaranty, and other credit enhancement issues
- Handling title, survey, environmental, and zoning issues with respect to real estate collateral
- Offering regulatory guidance on public and private debt and equity issues
- Anticipating issues that arise when credit transactions fail
- Restructuring of troubled loans
- Collection and foreclosure of defaulted loans