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Debt Finance 

Capital investments are often structured as debt or equity.  The financings can take many different forms - we can help you determine the most appropriate for your circumstances and advise you on structuring your transaction.  
 

We represent borrowers and lenders in obtaining or providing a wide variety of financing facilities such as:

 

  • secured and unsecured loans 

  • term loans, revolving loans, and asset-backed or asset-based loans

  • warehouse facilities, loan-on-loans, and repo loans

  • forward-flow facilities

  • mortgage loans

  • preferred equity

  • factoring arrangements

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We advise on compliance with covenants and representations and warranties and, when necessary, document amendments, default notices, waivers, and forbearance agreements.  If a loan is in distress, we conduct perfection reviews and unencumbered collateral analysis.  

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Documentation that we prepare and negotiate may include:

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  • commitment letters and term sheets

  • loan agreements

  • payment, performance and "bad-act" guarantees

  • intercreditor agreements, subordination agreements, and non-disturbance and attornment agreements

  • security agreements, pledge agreements, and deeds of trust

  • legal opinions with respect to corporate authority and due authorization, enforceability, perfection, true-sale and non-consolidation

  • officers' certificates, closing certificates, solvency certificates and compliance certificates

  • authorizing resolutions and consents

  • tri-party servicing agreements and custodial agreements

  • deposit account controls agreements

  • UCC filings

  • loan sale agreements and participations

  • receivables purchase agreements

  • defeasance agreements

  • exclusivity, right-of-first refusal, and right-of-first-offer agreements

  • payoff letters

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