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Financial Services & Lending

The lawyers in the Financial Services & Lending Group represent clients in a broad range of lending, leasing and financing transactions, along with representing bank clients in the technology and outsourcing arena.  The principal components of this practice are corporate lending, asset-based lending, equipment leasing, borrower representation and bank technology transactions.  Our attorneys regularly represent clients in sophisticated financing transactions, including term and revolving credit loans, loans secured by real and personal property (including intellectual property), working capital and acquisition loans, corporate or cash flow loans, syndicated loans, debtor-in-possession (DIP) loans, asset-based loans, factoring, loans with warrant or equity co-investments, loan restructurings and workouts, equipment leasing, and aircraft financings of all types and structures.

FSB’s services include:

  • Assisting clients in structuring proposed transactions, addressing matters such as corporate, tax and creditors’ rights issues.
  • Conducting legal due diligence regarding the prospective borrower and working with clients to analyze the results of such due diligence. 
  • Preparing and negotiating financing commitment letters, term sheets and other preliminary documentation.
  • Analyzing the nature of collateral to determine the steps necessary to perfect liens or security interests, preparing the necessary documentation for such perfection, and filing such documentation in the applicable public records.
  • Preparing and negotiating transaction documents such as credit agreements, promissory notes, security agreements, pledge agreements, indemnity agreements, guaranties and legal opinions.
  • Assisting clients with the syndication of credit facilities, including preparation and negotiation of assignment documentation, and responding to questions and comments from syndicate members.
  • Preparing and negotiating inter-creditor agreements and subordination agreements relating to multi-tiered financing transactions.
  • Assisting in loan administration following closing.
  • Modifying and restructuring existing loan transactions.
  • Enforcing the client’s rights and remedies under loan documents and assisting in the disposition of collateral, including foreclosures under the UCC and private sales of collateral.
  • Drafting and negotiating technology related agreements for financial institutions, including banks and other lenders, insurance companies and brokerage firms.