Banking & Finance

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, among other things, marketable securities; restricted stock; controlled stock (including concentrated stock positions) and private stock; SPAC shares; REIT operating partnership units; hedge fund or private equity fund interests; fine art; insurance premium financing; and personal aircraft.

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

Loeb’s premier finance group is at the forefront of advising global financial institutions on credit facilities to private equity and other investment funds and sponsors.

We represent agents and lenders in bilateral and syndicated facilities to funds led by some of the world’s largest sponsors, with both domestic and foreign loan parties. Our finance lawyers help market participants in structuring, negotiating and implementing subscription or capital call facilities, net asset value-based facilities (NAVs), management fee and general partner lines, coinvest facilities, and hybrid facilities. We regularly advise clients on complex structures involving alternative investment vehicles, feeder funds, blocker funds, holdco borrowers, master funds and other similar entities. Our lawyers work hand in hand with clients to conduct due diligence on complex limited partnership agreements, subscription agreements and side letters to flag potential credit risks and related enforceability concerns. Loeb’s team members regularly appear as panelists at the Fund Finance Association’s annual conference and write on issues of concern in the space.

Our lawyers handle complex, multiparty financings and servicing arrangements for the acquisition, construction and development of retail, office, multifamily, hotel and data center properties across the country. We also guide clients through syndicated credit facilities, warehouse facilities, multiproperty and multistate financings, construction loans, loan participations, intercreditor arrangements, mezzanine financings, transactions incorporating EB-5 investments, purchasing and selling distressed assets and distressed debt, and other highly structured financing products and workouts.

Loeb’s finance team serves as valued counsel on 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.

Our lawyers 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, IP, 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.

Additionally, we counsel clients 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.

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.

Our finance lawyers provide leading counsel to companies taking on debt for acquisitions. We offer innovative solutions for a variety of acquisition-related matters, including stock and asset purchasing, debt structuring, leveraged buyouts, and bid financing. From understanding the purpose of the financing to identifying key factors relevant to each company, Loeb’s finance team is involved in every aspect of the transaction, helping clients capitalize on opportunities and take strategic risks.

For more than half a century, Loeb has been recognized as a leader and an innovator in the entertainment industry, particularly in music. This extensive experience allows us to assist clients in the financing of, and lending on, music catalogs and related assets. Our interdisciplinary team conducts due diligence and structures and negotiates credit facilities on behalf of commercial banks and other financing sources and owners of music catalogs and related assets.

Our finance lawyers have extensive experience documenting and negotiating credit facilities and syndicated financings on behalf of financial institutions that lend to or invest in leagues, teams, and other sports and e-sports assets. We’ve been involved in loan facilities for a variety of sports-related investment projects as well as sophisticated project finance transactions for the construction of new stadiums and arenas. We have extensive experience in the financing of equity investments in professional sports teams, and in negotiating with professional sports leagues to obtain approval of the financing transactions.

Our finance lawyers regularly structure and negotiate art finance transactions for collectors, galleries and financial institutions. Our experience representing clients on both sides of these transactions—global financial institutions as lenders and collectors and galleries as borrowers—gives us a well-rounded view of loan structures and insight into the terms and conditions that are materially impactful for both parties. We also regularly assist clients in connection with bankruptcy and complex loan workout agreements with art assets.

From debtor-in-possession (DIP) financings to bridge and exit financings and financings for asset acquisitions through Section 363 sales and in connection with plans of reorganization, our finance lawyers provide comprehensive support to structure and negotiate prebankruptcy and bankruptcy-related financings. 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 conduct due diligence and document transactions in the compressed time frame often required in distressed lending. With experience representing participants including direct lenders, agent banks and syndicate participants, we are able to promptly and effectively facilitate transactions no matter the role our client may play.

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.