Honigman’s Lending and Finance practice has a long-standing reputation for providing practical advice and favorable results in the area of commercial lending and financing. The scope and scale of our Real Estate, Business Transactions, and Bankruptcy/Reorganization practices allow us to dedicate appropriate personnel and resources to matters at all levels of complexity, from routine engagements to distinctive, groundbreaking projects. Our depth of experience and specialized capabilities allow us to handle unique and complicated commercial lending matters and creatively address unusual situations in an efficient and cost-effective manner.
Our attorneys represent lenders and borrowers in commercial lending transactions, including asset-based financing, middle-market lending, large corporate lending, wholesale and floor-plan financing, leveraged buyouts, and multi-creditor/multi-tranche loan transactions throughout the many phases of the lending relationship. Our services include providing advice on the legal consequences of specific loan structures; documenting secured and unsecured commercial loans; structuring asset-backed securities for sale in capital markets; advising on letters of credit, swap agreements, and other financial transactions; representing clients in connection with various forms of tax-exempt and tax-assisted transactions; and counseling lenders that provide debtor-in-possession financing.
Our practice also collaborates with lenders on loan workouts and restructures, both inside and outside of the courtroom. With respect to troubled loan matters, we offer the following services:
- Review of loan documents and analysis of the status of perfection of security interests and potential claims
- Assessment of the borrower’s financial and business prospects
- Advice on secured creditor and lender protection
- Review of business plans and projections prepared by borrowers
- Establishment of workout strategies, along with legal and business advice connected with strategy implementation
- Negotiating and drafting of forbearance agreements, restated loan agreements, and other documentation
- Representation in state court foreclosures and claim and delivery proceedings
- Collection of judgments and recovery of personal property
- Representation in bankruptcy matters, including cash collateral issues, debtor-in-possession financing, adequate protection issues, relief from automatic stay, and plans of reorganization
We also counsel lenders in developing business practices and procedures designed to minimize the risk of exposure to lender liability, environmental, and other claims. Honigman's experience in these matters makes us especially effective in defending lenders in liability litigation.