Asset-Based Lending & Securitization
We regularly assist lenders in structuring, collateralizing, documenting and closing asset-based loans and pooling loans into term securitization programs. The firm’s attorneys have many years of experience in closing numerous and varied kinds of term loans, real estate loans and revolving credit loans in a variety of industries with interest rates tied to LIBOR, treasury bills, prime rate and other reference bases. These programs include various types of structuring of collateral mortgage-backed securities.
The firm’s experienced attorneys advise lender representatives with respect to complex, corporate and partnership structures of the borrower and its affiliates and often assist the lenders in determining the best loan structure to minimize the adverse impact of bankruptcy and fraudulent transfer laws on the lender’s ability to obtain the benefit of its collateral. Advice and formulation of loan facility structures are also developed for borrowers to enhance the borrower’s ability to obtain cost effective and efficient financing. Loan agreement covenants are tailored to the particulars of the borrower, the borrower’s business and its financial statements. Third-party agreements including intercreditor agreements, subordination agreements and lessor estoppels are regularly negotiated and obtained. Liens and security interests in all kinds of collateral are documented and perfected including: UCC Article 9 security interests in equipment, inventory, accounts receivable and general intangibles; motor vehicle, aircraft and marine vessel liens; credit card receivables; pledged deposit accounts and securities; lock box arrangements; and real estate mortgages.
Our attorneys who practice in the commercial lending arena also have readily available within the firm access to experienced attorneys practicing in a variety of legal areas that often need special analysis in a lending transaction, including bankruptcy, local, state and federal taxation, corporate and business organizations, securities and healthcare.