Private Lending and Secured Transactions
The firm represents private lenders and borrowers in real estate and asset-based secured lending transactions, including funding for acquisitions, development, renovations, refinancings, working capital, owner buy-outs and other related business purposes.
Our services include:
- Pre-closing legal due diligence, including:
- Review of formation, qualification and legal status of borrowers, guarantors and collateral owners;
- Review of documents related to collateral;
- Review of customary lien, judgment, litigation, bankruptcy and tax searches;
- Review of borrowers’ existing debt documents, intercreditor arrangements, negative pledge restrictions, restrictive covenants and other contractual limitations affecting incurrence of debt or pledging of collateral; and
- Review of information concerning borrower ownership, affiliated entities, and related-party issues relevant to closing authority and collateral coverage.
- Preparation, review, negotiation, revision and completion of customary loan documents, including:
- Commitment letters, fee letters, and term sheets;
- Credit agreements, loan and security agreements and related amendments;
- Promissory notes;
- Guaranties and indemnification agreements;
- Mortgages, security agreements, pledge agreements, and collateral assignments;
- Financing statements, fixture filings, continuation statements, assignments and other lien or security perfection documents;
- Subordination agreements, intercreditor agreements, participation agreements and co-lender agreements;
- Opinions of counsel requested of borrowers or special counsel.
- Closing and post-closing services, including:
- Supervision of completion of the parties’ closing obligations;
- Coordination of the execution and delivery of the closing documents;
- Review of closing deliverables required for the closing;
- Supervision of the release of closing documents to the appropriate parties;
- Supervision of completion of the parties’ post-closing obligations; and
- Confirmation of the filing and/or recording of all documents creating liens on assets.
