Corporate and Commercial Finance
Our attorneys regularly represent lenders in all phases of commercial lending and real estate transactions, and have an extensive knowledge of:
- Banking laws, regulations and other regulatory matters
- Environmental requirements relating to lenders
- Corporate issues in lending transactions
- Title issues and title insurance coverage
- Security and pledge issues relating to personal property and other collateral
- Bankruptcy and insolvency considerations
- Workouts, foreclosures and other enforcement actions
- Construction loan issues
Damon Morey has served as counsel to several leading banks in a variety of contexts. Included in that representation is the preparation and negotiation of documentation required for commercial lending transactions of all types, including term loans, revolving credit arrangements, industrial development revenue bonds and letters of credit. In addition, the firm represents borrowers in commercial financing transactions, including the negotiation of loan agreements and the development and restructuring of management buyouts, employee stock ownership plans and acquisitions.
The firm represents numerous lenders in a wide variety of commercial lending work, including term loans, credit lines, federal Housing and Urban Development financing, Industrial Development Agency financing (including sale-leaseback transactions), Small Business Administration loans (including 504 loans), letters of credit, non-recourse and cross-border financing, loans secured by real estate, accounts receivable and other assets, as well as loan participations (on behalf of lead lenders and participants). These loan transactions frequently involve sophisticated features, such as “equity kickers,” NYSERDA financing, intercreditor agreements, mezzanine lending and equity infusions. Among our experienced attorneys specialized areas are the financing of affordable housing projects (including the utilization of low-income housing and historic tax credits) and health care facilities.
Our attorneys regularly structure and negotiate sophisticated transactions for savings banks, commercial banks, life companies and other lenders. These transactions include equipment lease financing, multi-tiered financing and the securitization of mobile home and other consumer loans for sale to the secondary market.
In addition to representing private lenders, the firm has acted as counsel to public financing agencies and a multitude of commercial borrowers in public, private, bond and non-bond financings. Listed in The Bond Buyer's Municipal Marketplace (also known as the “Red Book”), our attorneys have served as bond counsel and underwriter’s counsel.