The key to successful lending is managing risk through proper assessment, documentation, and contract enforcement.
Our decades of service to some of the nation’s leading financial institutions have earned us a solid reputation as an invaluable partner in the lending process. The attorneys in the Secured Lending/Asset Recovery Practice Area provide in-depth knowledge in every aspect of secured lending transactions. The legal representation we provide is divided into the principal categories of loan origination, loan management/asset management, leveraged leasing, and case management.
As the marketplace for loan products and the types of assets that are used as collateral evolves, the attorneys in our Secured Lending/Asset Recovery Practice Area have kept pace with the changes in lending structures, statutory requirements, and emerging issues. Our attorneys provide legal advice to numerous financial institutions on issues relating to the structure of both asset based and non-asset based loan facilities and related strategic considerations. As is often the case, loan agreements are the subject of negotiation between the lender and borrower, along with their respective counsel, and our attorneys are active participants in that process. Often our attorneys draft the initial commitment letter and thereafter prepare the necessary and required loan documents. In addition, practice professionals review public records to ascertain the status of title to the collateral.
Our attorneys are also well acquainted with the requirements for documenting and perfecting mortgages, security interests, and liens with respect to real estate, tangible and intangible assets, including intellectual property and other asset classes that now have specific designations under the 2001 amendments to the Uniform Commercial Code.
Where the collateral consists of real estate, our attorneys are able to arrange for and procure title insurance, and, when required or wherever appropriate, make recommendations for environmental consultants to prepare reviews and reports that enable the lender to evaluate risks associated with collateral.
Practice attorneys strive to work efficiently and in a cost-effective manner so that the professional fees associated with loan transactions are competitive and commensurate with the transaction.
Loan Administration/Asset Management and Recovery
Our attorneys are experienced in providing assistance to lenders when loans need to be administered and managed as a result of existing or anticipated events of default. In this respect, not only are we familiar with the necessary agreements and documentation that are used in workout situations, but also have significant experience in providing strategic advice and guidance in terms of developing appropriate approaches or alternatives for maximizing recoveries and reducing exposure. Throughout our history, our attorneys have been called on to address the panoply of issues that arise in workout situations including the prospects for insolvency proceedings, potential lender liability issues, and provisional and interim remedies (such as attachments, injunctions, receiverships, and replevins).
Our attorneys are experienced in sophisticated leasing transactions having represented clients in both the preparation of the underlying transactional documents and in enforcing the lessor’s rights and remedies where defaults arise.
Professionals in the practice have cross-training in other disciplines and practice areas, such as creditors’ rights/insolvency/bankruptcy, taxation, real estate, and intellectual property. Where appropriate, other professionals in the firm become involved or asked to provide input with respect to the representation. The ability and experience of our attorneys in this practice area to work in related areas of the law enhances the level of representation to the clients who engage the services of the firm.