Practice Areas & Industries: Hinckley, Allen & Snyder LLP


Commercial & Real Estate Finance Return to Practice Areas & Industries

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Practice/Industry Group Overview

Our Commercial & Real Estate Finance Group is comprised of seasoned practitioners who are widely regarded as leaders in the field. From term sheet to closing, our attorneys can offer you practical, business-savvy advice with regard to commercial, real estate and lease financing transactions. Additionally, we can offer insightful guidance if you ever need to restructure, refinance or work out a loan. Unique characteristics of our practice include:

–  Our attorneys are known for being able to identify issues early in the transaction and offer practical solutions that enable a quick resolution.

–  We are able to structure lending transactions in a way that minimizes the competing risk positions inherent in every transaction.

–  We know how to protect our clients while being sensitive to the business needs of all parties.

–  Our integrated offices in Boston, Concord, Hartford and Providence enable us to provide seamless and efficient services throughout New England. Additionally, as a member of several networks of independent law firms, we are able to serve our clients nationally and internationally.

–  Our attorneys are accessible, and we are highly responsive to our clients.

–  We are driven to close deals on time – and on terms that meet our clients’ expectations.


Services Available

We offer a full spectrum of services related to commercial, real estate and lease financing, including:

–  Senior Debt Financing

–  Mezzanine Financing

–  Asset-Based Financing

–  Business Aviation Financing

–  Construction and Permanent Real Estate Financing

–  Real Estate Acquisition and Development Financing

–  Loan Participations

–  Loan Syndications

–  Loan Portfolio Acquisitions, Sales and Financings

–  Workouts and Restructurings 

Senior Debt Financing
Our attorneys have extensive experience in advising on, structuring and documenting senior secured (and unsecured) credit facilities. We represent single lenders, agents in syndicated lending groups, and corporate borrowers throughout New England in revolving credit, letters of credit and term loan facilities. We also serve as local counsel to collateral agents in senior secured credit facilities. As local counsel, we advise on the legal requirements regarding businesses and collateral located in Connecticut, Massachusetts, New Hampshire and Rhode Island.

Mezzanine Financing
Our firm regularly represents issuers and investors in subordinated debt transactions.

Asset-Based Financing
Our lawyers represent lenders and borrowers in all forms of collateral-based financings (including fully followed and those with borrowing base advance rate formulas). Additionally, we advise lenders in creating security interests in personal property collateral of all types. Our lawyers have served as leaders on the commercial finance committees of local bar associations and are frequent lecturers on secured transactions law.

Business Aviation Financing
We represent banking and institutional clients in all aspects of financing new and pre-owned business aircraft. We represent domestic and international clients and serve both importers and exporters of aircraft. Our clients include leasing and finance companies (both independent and bank-affiliated), banks, insurance companies and finance companies that are manufacturer- and program-affiliated. Additionally, we provide value-added counseling and service to our clients on a wide range of business aviation issues, including:

–  the structuring of ownership and operation of business aircraft and fractional shares to comply with FAA regulations

–  risk management planning concerns and objectives

–  leasing and finance, acquisitions and sales

–  strategic solutions to all of your state and federal tax concerns 

Construction and Permanent Real Estate Financing
Our lawyers represent lenders and borrowers in the full range of construction and permanent real estate financing transactions throughout the United States. Often our transactions involve complex multi-state financings that are secured by large portfolios of properties (and/or loans that are secured by properties).

We have substantial experience with all major property types including office, retail, hotel and resort properties; residential developments (including apartments and condominiums); and industrial buildings and parks.

Real Estate Acquisition and Development Financing
We represent institutional lenders and developers in connection with financing the purchase and development of real estate throughout the country. Our lawyers have many years of experience through several real estate cycles, and they are particularly well positioned to identify potential problems and to develop strategies that address them. Our experience and expertise allow us to close transactions in the most efficient manner and in a way that both protects our clients' interests and meets their goals. We have substantial experience with all major property types including office, retail, hotel and resort properties; residential developments (including apartments and condominiums); and industrial buildings and parks.

Loan Participations
Historically used as a means for sharing credit exposures under a loan facility, loan participations allow people to buy and sell fractional interest participations in loans. Our lawyers offer advice on all aspects of these structures – the most important of which is each party’s right to control the administration of the loan. Additionally, we prepare and negotiate participation agreements for all types of participations.

Loan Syndications
Our lawyers represent syndication agents, administrative agents and issuers of letters of credit in documenting and negotiating loan agreements with intercreditor provisions that govern rights among several credit providers under a single credit facility. These transactions typically involve market-driven structures that provide for risk allocation among several lenders and are led by an administrative agent. We counsel agents in these deals and provide advice on:

–  minimizing fiduciary liability

–  voting rights of lenders

–  an agent’s ability to manage the credit following the closing with or without lender consent

Loan Portfolio Acquisitions, Sales and Financings
We represent sellers, buyers and lenders with regard to loan portfolio transactions. Structuring loan portfolios – and providing due diligence review of a pool of loans being acquired or financed – requires detailed review of all aspects of the documentation for each loan. Appropriately staffed teams of our lawyers will examine public records, existing loan documents and leases, and title to each property (if real property collateral is involved). Our attorneys are highly skilled in the areas of file organization and team management – both of which are critical because the number of loan documents, for these types of transactions can be substantial.

Workouts and Restructurings
Our lending lawyers provide advice to lenders as to their rights and remedies in a defaulted loan scenario – and offer restructuring or workout advice, as appropriate. We draft and negotiate forbearance agreements and loan modification documentation. Additionally, we assist our clients in assessing risk positions among the various creditors and suggest strategies for maximizing repayment of the loan.

Who We Serve
Our Commercial & Real Estate Finance Group represents commercial lenders and corporate borrowers in domestic and international financing transactions. Our institutional lender clients include all major national banks located in New England acting as lead lenders and agents in multi-state syndicated business and real estate loan and equipment lease transactions and as stand-alone and mezzanine lenders.