Financial Services
For more than 100 years, our firm has been advising clients on all practical aspects of financing and banking issues, including secured and unsecured loan transactions, leases, mortgages, guaranties, municipal bonds, industrial revenue bonds, public offerings, and private placements.
Issues arising in connection with such transactions require expertise in multiple disciplines. For this reason, our Financial Services Practice Area includes members that are proficient in providing counseling related to banking issues, secured transactions, lender liability, public finance, zoning, securities, bankruptcy, taxation, employee benefits, and environmental regulation.
In those instances when a banking or financial transaction takes an unintended course, our Financial Services Practice Area is also supported by a team of effective litigators and practical workout attorneys who can aid in alleviating any problems that may arise.
Lender Representation
Practice attorneys advise lending clients on the full range of loan origination issues. Our assignments frequently start in the loan approval stage where we assist loan originators in structuring the loan. We offer both legal advice and strategic business suggestions for the loan presentation, strengthening credit, and enhancing the lender’s secured position. If the loan is approved, we assist the client in developing a commitment letter that reflects the conditions of the loan. Upon acceptance, we prepare closing documentation for review by the lender; negotiate the final closing documents with the borrower, its legal counsel, and the lender; review title and all required closing approvals and conditions; and prepare to close the loan. Once a closing is set, the practice attorneys obtain and review any required supporting documentation, attend the closing, and close the loan.
While much of the practice’s secured lending activities involve real property security, our attorneys are equally adept at working on loan transactions involving other types of security, such as term loans, credit lines, asset-based lending, equipment leasing, letter of credit enhancement, industrial revenue financing, inventory financing, and loans based on pledged securities or personal guaranties.
Practice attorneys also have significant experience in representing lenders in large multi-bank or syndicated transactions. In this capacity, we have represented the lead bank in negotiating and documenting such a transaction and have also represented participant banks.
Commercial Services
Attorneys in the practice represent a diverse group of clients in purchasing and financing start-up and established businesses in various industries including manufacturing, biotechnology, education, research and development, retailing, health care, and public and private utilities.
Our attorneys are highly experienced in working with developers to plan and market the complete array of residential development projects, including real estate condominiums, as well as serving as counsel to homeowner association developments. We also advise lenders and individuals concerning their rights and obligations in such projects.
Practice attorneys routinely assist individual, business, and developer clients in structuring financing arrangements. Our long history in representing lenders helps us better advise our borrower clients in making loan applications, negotiating and understanding loan documents, and post-loan relationships with lenders. We also advise clients in connection with negotiations of long and short-term real and personal property leases.
Loan Workouts
When problems arise, the negotiating skills and creative problem-solving talents of skilled members of the practice can often alleviate or eliminate difficulties. Whether offering assistance to lenders in restructuring troubled loans, enforcing lenders’ remedies, or helping borrowers to renegotiate or restructure commercial loans, we provide invaluable practical advice. Our experience in reorganizing both publicly and closely held businesses under Chapter 11 of the Bankruptcy Code provides a practical perspective from which to advise both lenders and borrowers of the alternatives available in workout situations.
Related Services
Practice attorneys provide full-service representation to our banking and finance clients. Among the additional services available are collections, foreclosures, replevins, attachments, mechanics’ liens, and other lien enforcement actions; consumer credit compliance advice; environmental representation; tax advice and litigation; and bankruptcy representation for secured and unsecured creditors, debtors, and other parties in interest.
Our Clients
Commercial Banks
Savings Banks
Savings & Loan Associations
Thrifts
Insurance Companies
Credit Unions
Commercial Lenders
Finance and Credit Companies
Leasing Companies
Mortgage Companies
Investment Bankers
Regulatory Agencies
Corporations (from small, privately held business to Fortune 500 companies)
Individual Clients
Key Contacts
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Nicholas S. Gatto
Senior Counsel
Buffalo
716.844.3738
ngatto@hselaw.com
Team
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Kelly A. Pronti
Partner
Rochester and Corning
585.231.1387
kpronti@hselaw.com -
Patrick J. Quigley
Partner
Rochester and New York City
585.231.1164
pquigley@hselaw.com -
Sheldon K. Smith
Partner
Buffalo and Corning and New York City
716.844.3761
ssmith@hselaw.com
According to our clients:
“It has been a refreshing change to work with the attorneys at Harter Secrest & Emery. When I present situations that may not be in my primary attorney's field of expertise, they are quick to offer a very well-qualified associate within the firm who follows up with me very quickly and professionally.”
“Harter Secrest & Emery lawyers provide deep, substantive expertise, excellent client service and a cost effective, practical approach to problem solving.”