Our Lender Finance team has extensive experience in all aspects of structuring, negotiating and closing secured credit facilities provided to lenders and factors – and in representing our lender clients in connection with workouts, bankruptcies and other insolvency proceedings with respect to those transactions.
As a team with deep roots in commercial lending, our attorneys are distinctly suited to analyze the unique risks that lender finance transactions present and to help our clients manage those risks. We regularly assist lender finance clients in crafting borrowing base structures that leverage the lending portfolios of accounts receivable and inventory lenders, equipment and real estate lenders, healthcare receivables financiers, providers of supply chain financing, automobile lenders, consumer lenders, funds that purchase financial assets in segmented markets and participants in other specialized finance areas. We are experienced in analyzing collateral perfection issues, reviewing template documents employed by lender finance borrowers and in conducting diligence on loan portfolio collateral. As such, we are often called upon to represent financial institutions in connection with the purchase or sale of loan portfolios.
Our clients’ lender finance transactions range in complexity from bilateral transactions provided to community or specialized finance companies in smaller markets to syndicated credit facilities with complex intercreditor arrangements provided to regional players in the finance industry. Our clients include regional, national and international banks, commercial lenders, funds and other non-bank lenders, many of which have trusted us for decades
To provide big-picture thinking and attention to detail, our interdisciplinary team includes both lawyers who work exclusively on commercial finance matters and those who focus on bankruptcy, workouts and restructurings, real estate, tax and healthcare law. We can identify and address potential insolvency issues at the front and back end of every transaction.
When lender finance transactions become distressed, our Bankruptcy & Creditor Rights attorneys are available to deploy decades of experience representing financial institutions as secured lenders. They regularly handle debt restructurings, out-of-court reorganizations and bankruptcy cases involving large corporate and other commercial obligors, including lender finance borrowers. Working in tandem with our Commercial Finance attorneys, our team has represented numerous secured lenders in bankruptcies involving lender finance borrowers and are well-versed in the unique issues that such debtors raise. We also have represented a number of commercial lenders and insurance companies as debtors in insolvency proceedings.
Our approach includes:
- Experience with a full array of transactions, such as asset-based lending, cash flow transactions, syndicated lending (agent, lender and borrower representation), bilateral loans, healthcare finance and trade finance
- Proficiency in structures involving multiple layers of institutional debt, complex intercreditor arrangements and payments in multiple currencies
- Deep secured lending experience to conduct diligence on loan portfolios, perfect security interests and mitigate lender risk with a variety of collateral pools
- Strength in complementary disciplines including bankruptcy, tax, real estate, corporate and healthcare
- Lean but effective staffing, combined with a more efficient rate structure than many Tier-One law firms
- Bench strength at every level