Outside General Counsel Matters | Business Acquisitions and Sales | Business Legal Counseling | Raising Equity | Board Transactions | Owner Agreements | Organizational Structures | Lending Transactions | Tax Matters | Senior Management Transactions | Intellectual Property Matters | Real Estate Transactions | Estate Planning | Dispute Resolution and Litigation

Lending Transactions:

Representing Banks

Represented middle-market banks structuring and drafting loan agreements and, where applicable, perfecting collateral security interests—involving real estate, accounts receivable, inventory, equipment, contract and other intangible rights—for a:

Multi-million dollar loan to a middle-market manufacturing company with operations in many U.S. states as well as overseas;

Multi-million dollar loan to a Canadian company to acquire a U.S. manufacturing company;

Multi-million dollar loan to a company formed to acquire a factoring operation;

Multi-million dollar loan for use by the bank’s customer for a golf course/resort development—secured by real estate, contracts, and securities;

Multi-million dollar loan to the owners of a minor league baseball team for the “take out” financing of another financial institution, stadium expansion, operations, the acquisition of a minority shareholder’s ownership interest, and for the securing of necessary professional league approvals;

Multi-million dollar loan to an out-of-state manufacturing company;

Loans to acquire various aircraft, with appropriate filings with the FAA; and,

Industrial Revenue Bond for use in developing out-of-state property for use as a manufacturing concern.

Representing Other Lenders

Represented the potential acquirer of business assets in a transaction that involved a million-dollar loan secured by the seller's out-of-state real estate. When the acquisition failed, the borrower filed Chapter 11 bankruptcy, the client foreclosed upon the real estate and successfully recovered all proceeds from the sale of the property.

Represented numerous corporations with secured (stock, real estate, or other) assets as well as unsecured loans to/from corporations and their shareholders, customers, or suppliers.

Representing Borrowers:

Represented numerous individuals and middle-market companies in the structuring and documentation of asset-based loans, commercial loans, stock loans, unsecured loans, guarantees, and letters of credit.

Represented numerous borrowers when lenders moved borrowers to “work-out” area of bank, negotiating extensions or modifications of loans pending refinance with other lenders, thereby helping to prevent Chapter 11 bankruptcy, which could have resulted in the ultimate liquidation of the businesses.

Other Financing Related Matters:

Provided opinion of counsel (on behalf of both financial institutions and borrowers) about the validity and enforceability of agreements, using both Silverado and traditional formats.
 

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