DOCUMENTATION AND TRANSACTIONAL WORK
Our transactional work for commercial lenders covers a broad range, including accounts receivable and inventory financing, technology lending, factoring, equipment financing and leasing, participations, intercreditor agreements, leveraged buyouts, acquisition financing, real estate loans, construction loans, Chapter 11 DIP financing, loans secured by letters of credit, unsecured term loans and other commercial lending transactions.
In documenting loans we have two main goals — to do the work right and to do it quickly.
For us, doing the work right is primary, and that means that we staff every matter with a very experienced attorney — every one of our transactional attorneys is specialized in commercial lending and has at least 15 years of experience. As a result, they are familiar with the business and practical aspects as well as all of the legal aspects of commercial lending.
Our second main goal is to complete the loan transaction quickly. We recognize that the commercial lending business is highly competitive. A lender works hard to put a loan transaction together, and it is important to document the loan and close it quickly. Otherwise it can be lost.
At all times, we pride ourselves on taking a practical and creative approach to solving problems. Complicated issues and questions often come up in loan transactions. In our view, the lawyer's job is not just to spot problems — it is to solve them. Very often a creative approach can be found which results in a solution. Where an issue does not have a clear-cut solution, we work with the client to develop a sensible, practical approach that minimizes risk.
In doing documentation we are also very sensitive to litigation problems which may arise. We strongly believe that lawyers who document loan transactions should have a very concrete feel for the issues which will arise in the event there is litigation concerning the documents. We view documentation as being prepared for three parties, the borrower, the lender, and a judge who may ultimately be called upon to interpret it. The watchword in representing lenders is “belt and suspenders”, since in the real world, ambiguities are almost always construed against the lender.
Our commercial lender clients include local banks, large national banks and commercial finance lenders, debt funds, and other commercial lenders.