banking and commercial finance

Our Firm has practiced in the banking and commercial finance arena for more than 75 years, representing local, regional, and national lenders and borrowers. Our experience is broad, covering all aspects of commercial finance transactions from inception to collection.

We have extensive experience structuring, negotiating, and documenting credit commitments, loan transactions, equipment leases, syndicated credits, participations and restructurings. We are also experienced in documenting and perfecting security interests and liens in all types of collateral. We frequently counsel clients about lender liability risk management programs.

As counsel for borrowers, we regularly assist in the planning and structuring of new credit facilities, the refinancing and restructuring of existing credit facilities, the financing of mergers and acquisitions, the financing or leasing of a variety of assets, and the implementation or restructuring of inventory, consignment inventory, and floorplanning facilities.

Our Commercial Finance lawyers work with related practice groups such as the Real Estate, Environmental, Public Finance and Public Law, and Corporate and Securities practice groups to provide clients with timely advice on related issues. We also use advanced technology to provide efficient and timely results on searches, filings and documentation for all financing matters.

Our lending clients include a wide range of businesses and institutions, including national and state banks, asset-based lenders, thrift institutions, municipalities and other municipal and developmental authorities, venture capital firms, small business investment companies (SBICs), insurance companies, equipment lessors, factors, and floorplanners.

Representative Clients

In addition to the foregoing, we regularly advise and represent privately owned businesses with respect to their funding needs.

Counseling
We provide advice to clients in connection with a broad range of commercial finance issues. Specific examples include the following:

Commercial Lending
We regularly represent local, regional, and national lenders and borrowers in negotiating, structuring, and documenting both conventional and asset-based lending transactions. We are familiar with all types of secured and unsecured credit transactions. We are regularly involved in more sophisticated credit transactions involving syndications, participations, multiple pricing options, and tiers of financings, including mezzanine and equity financing. We frequently provide counsel with respect to securitizations and sales of accounts. We have substantial experience in documenting and perfecting security interests and liens in all types of collateral wherever located, including inventory, accounts receivable, consigned inventory, government contract receivables, tax refunds, life insurance proceeds, machinery and equipment, intellectual property rights, real property, leasehold interests, certificated and uncertificated securities, letters of credit, acceptances, deposit accounts, bills of lading and other documents of title, aircraft rolling stock and vessels.

Real Estate Lending
We have a wide range of experience in real estate lending involving clients and projects throughout the country. Our experience extends to construction financing involving disbursement controls and to both single and multi-use commercial and residential developments. We have an active environmental practice and are familiar with the unique risks and problems faced by lenders and developers. See also: Real Estate.

Leasing
We have significant experience in representing lenders, equity participants and lessees in leveraged lease and single investor lease transactions involving rolling stock, aircraft, vessels, and machinery and equipment.

Project Finance
We routinely represent borrowers and lenders in project finance transactions in which we structure, negotiate and document rights regarding supply contracts, easements, consulting contracts, patents, trademarks and other intangible rights, utility supply agreements, waste disposal arrangements, transportation-related arrangements and other agreements with third parties relating to the operation of facilities. Our project finance experience includes such widely diverse industries as beverage bottling and distributing, mineral processing and refining, paper milling, leather processing and gaming.

Governmental Loan Programs
We have advised institutional lenders and borrowers with respect to Title XI maritime finance, SBA loan programs, Eximbank loans, OPIC guaranteed financing, FOMEX loans, MO BUCKS Program loans, and other local, state, federal, and foreign governmental loan programs.

Maritime Financing
We have a national reputation as one of the leading firms in the area of maritime finance. We are regularly involved in structuring, negotiating, and documenting transactions involving oceangoing vessels, towboats, barges, fishing vessels, drilling rigs, gaming and other vessels. We are experienced with respect to mortgages, charters and agreements for the shipping of oil, coal, grain, and other commodities. We have assisted clients with the licensing and titling of vessels with the Coast Guard, registration of vessels in other countries, and with the preparation and recordation of domestic and international ship mortgages and other collateral documents.

Agribusiness Loans
Both borrowers and lenders in substantial agribusiness transactions involving crop and livestock operations, grain elevators, and food processing plants have been represented by us. We have experience with payment-in-kind programs, the Food Securities Act, the Perishable Agricultural Commodities Act, and other laws, rules and regulations pertaining to the agricultural industry. We have handled various matters for lenders concerning foreclosure, protection and sale of livestock and farm products.