Finance

Financing is the rocket fuel of today’s global economy, enabling startups to get off the ground, giving existing businesses the chance to grow and scale their operations, and helping market leaders be nimble and meet the growing needs of their clients, customers or constituencies.

At Loeb, we advise banks, investment funds and other financial institutions in financing transactions of every size and type, from senior secured debt facilities, convertible debt, leveraged acquisitions and asset-based lending to private investment in PIPE transactions, margin loans, life insurance premium financings, and cross-border and multicurrency loans. We also regularly represent borrowers in these same transactions.

Our team handles every stage of financing, from the structuring of proposals through negotiation, documentation and closing, as well as the administration of credit facilities and the issuance of debt securities. Loeb lawyers provide clients in the United States and across the globe with in-depth market knowledge, practical and innovative solutions, and effective representation to get their deals done and to meet their goals.

Loeb lawyers structure, negotiate, document and close asset-based and cash flow credit facilities, factoring and other off-balance-sheet financings for clients on all sides of the deal table, including banks, commercial finance companies, investment funds and borrowers.

We counsel lenders in large, syndicated, asset-based transactions and “club” transactions as well as single-lender transactions, involving all types of borrowers and categories of assets as collateral, including accounts receivable, purchase orders, inventory, equipment, real property, intellectual property, securities and other business assets.

We handle transactions involving the purchase of accounts receivable on a notification, non-notification, recourse and nonrecourse basis and the sale and acquisition of portfolios of loans or entire financial institution business segments.

We provide counsel on issues related to the creation, perfection and priority of security interests in asset classes located in multiple jurisdictions, on intercreditor and subordination arrangements, and on collateral realization and enforcement.

Loeb lawyers structure and negotiate prebankruptcy and bankruptcy-related financings, including debtor-in-possession (DIP) financings, and bridge and exit financings as well as financings for asset acquisitions through 363 sales and in connection with plans of reorganization. We also assist both borrowers and lenders in the workout and restructuring of existing facilities. Our lawyers work closely with colleagues in our restructuring and bankruptcy practice to help lenders navigate the risks associated with financings involving distressed borrowers before, during and after a bankruptcy. Our experience with asset-backed financings enables us to move quickly to diligence and document transactions in the compressed time frame often required in distressed lending. And because we represent participants including direct lenders, agent banks and syndicate participants, we are able to quickly and effectively facilitate transactions no matter the role our client may play. While we advise on financings across a wide range of industries, Loeb’s market-leading work in entertainment and media, in intellectual property and brand protection, and with private clients and family offices provides us with critical insight and experience into the challenges of lending against and working out loans involving art, film, music and other intellectual property as collateral, and in structuring loans to or guaranteed by high-net-worth individuals.

Our lawyers handle complex, multiparty financings and servicing arrangements for the acquisition, construction and development of commercial, multifamily and hotel properties across the country. We also guide clients through commercial mortgage-backed securities transactions, syndicated credit facilities, multiproperty and multistate financings, construction loans, loan participations, intercreditor arrangements, mezzanine financings, transactions incorporating EB-5 investments, and other highly structured financing products and workouts.

Loeb advises financial institutions lending to private equity and other investment funds at all stages, whether prior to initial investor closing or after the investment period has ended, and for funds that vary widely in structure, focus and goals.

We help market participants (including syndication agents, lenders, administrative agents and others) in structuring, negotiating and implementing subscription or capital call facilities, net asset value-based facilities and hybrid facilities.

We work with the private wealth management teams of domestic and foreign banks and broker-dealers to serve the financing needs of their clients, whether those needs involve an unsecured loan or a loan secured by marketable securities; restricted stock; a REIT operating partnership unit, a hedge fund or private equity fund interests; fine art; or personal aircraft.

We also work with private banks to finance high-net-worth clients’ commercial and residential real estate acquisitions and developments around the country, including shopping centers, office buildings and development properties (including related construction).

We represent major insurance companies and other institutional investors in all types of private placement financings, including many of the most complex transactions in the marketplace, involving workouts and restructurings, credit tenant loans, and secured and unsecured debt financings.

Our work includes private placement financings in the United States as well as cross-border transactions in many important jurisdictions, including England and Australia.

Loeb Finance lawyers advise lenders in the origination and acquisition of second lien facilities and “last out” debt financings, and provide counsel to both lenders and borrowers in structuring, negotiating and closing mezzanine and other subordinated debt financings.

We draft and negotiate the terms of intercreditor agreements and counsel on issues and challenges faced by mezzanine lenders, rating agencies and senior lenders implementing complex mezzanine investments.