Practice/Industry Group Overview
Our Commercial Finance Practice Group represents financial institutions in debt financing transactions of varying sizes and types. These transactions include the following:
- Senior secured facilities
- Asset-based and cash flow lines of credit
- Convertible debt
- Second-lien facilities
- Subordinated debt and mezzanine facilities
- Leveraged acquisitions (including issuances of warrants and other equity participations)
- Letter of credit facilities
- Cross-border and multicurrency loans
- Purchase order financings
- Workouts, restructurings and debtor-in-possession financings
- Life insurance premium financing
- Private Investment in Public Equity (PIPE) transactions
We are typically involved from the structuring of proposals through the negotiation, documentation and administration of credit facilities. Our lawyers have experience representing the agent and syndicate members in syndicated credits.
We have additional experience in aircraft and equipment leasing, asset-based warehouse and repurchase transactions, factoring and other off-balance-sheet financings. We have also assisted our clients in the purchase and sale of particular loans and loan portfolios.
Our practical problem-solving skills and market experience assist us in resolving complex legal issues to meet the needs of our clients. We approach every matter with a team of experienced attorneys who know the market. Our experience enables us to provide our clients with efficient service with the added value of our partners' attention. With national and international experience, we are able to get the deals done.
Our Commercial Finance and our Bankruptcy and Restructuring Groups work closely together when handling loan workouts, restructurings, debtor-in-possession financings, Chapter 11 reorganizations and related insolvency matters. The combined experience of these groups enables us to assist in maximizing recovery in problem credit situations. We also team up with all our colleagues at Loeb & Loeb who are experienced in corporate, private equity, litigation, tax, real estate, employee benefits, intellectual property, environmental, telecommunications, entertainment, securities and insurance practice support to assist in structuring, closing and workout of transactions for our clients.
Specific examples of our capabilities include the following:
- Representing agents and lenders in connection with the establishment and management of senior secured term loan and revolving credit facilities ranging in size from $2 million to $2.5 billion.
- Representing lenders in connection with second-lien term loan and revolving credit facilities.
- Representing equity sponsors and subordinated lenders (including SBIC lenders) in connection with equity contributions and loans made to companies to facilitate leveraged buyouts and to fulfill additional working capital requirements. Equity investments have taken the form of warrants and common and preferred stock.
- Representing institutional clients in many aspects of real estate matters, including origination and restructuring of complex multiproperty and single-property acquisitions; construction, long-term and industrial revenue financings, leasing of commercial and retail properties.
- Representing agents and lenders in connection with debtor-in-possession revolving credit, accounts receivable purchase and factoring and term loan facilities to entities involved in bankruptcy proceedings, as well as exit financings required to consummate plans of reorganization.
Clients and Industries
We represent lenders, borrowers, equity investors and other transaction participants across a wide range of industries, including media, entertainment, telecommunications, health care, manufacturing, retail, service industries, apparel and transportation.
Our clients include the following organizations:
- Access Capital
- Bank of America
- Capital One Business Credit
- Capital One, N.A.
- Commerce Bank
- DB Zwirn & Co.
- Deutsche Bank
- Fortress Credit Corp.
- General Electric Capital Corporation
- HSBC Bank
- Israel Discount Bank of New York
- Key Bank
- LaSalle Bank
- Laurus Family of Funds
- Merrill Lynch Commercial Finance Corp.
- Modern Bank
- Plainfield Asset Management
- TCW/Crescent Mezzanine
- Valens Family of Funds
- VSS Mezzanine Partners
- Webster Business Credit Corp.
- Wells Fargo Bank
Leadership and Law
We are able to provide our clients with smart, practical solutions because we keep up to date on the market. We are actively involved in the Association of Commercial Finance Attorneys, the Commercial Finance Association, the Turnaround Management Association and the Association for Corporate Growth.
Miriam L. Cohen