Commercial Lending and Finance
The business of commercial lending is rapidly evolving in today’s information-driven economy. Lenders must navigate an increasingly complex and multifaceted environment characterized by competitive threats driven by new technologies, changing business models and the regulatory compliance.
Our team understands the technical requirements of this environment and pursues our clients' business objectives under an approach that recognizes the needs of both lenders and borrowers with the understanding that a loan transaction can build an ongoing relationship where trust and confidence need to be maintained.
We canvassed CEOs, CFOs, and other professionals involved in M&A activities with their respective firms to gauge their insights and perspectives on the M&A market in the coming 12 months.
The results provide a snapshot of the M&A market and the economy this year and how they compare from previous years.
Our comprehensive approach to commercial and asset-based lending includes advice and guidance on loan extensions and modifications, subordination agreements, and other intercreditor arrangements, including those with landlords, depositary banks, bond trustees, and securities intermediaries and other custodians.
Lending situations often intersect with other legal specialties, such as environmental, IP, tax, real estate, employee benefits, and bankruptcy law. Our commercial lending team can draw upon the experience of Dykema attorneys across practices to address these situations as they arise.
We provide guidance in the structuring and documenting of the following:
- bilateral and multi-lender loan facilities
- asset-based loans
- leveraged loans and cash flow transactions
- working capital facilities
- leveraged buyouts and ESOP loans
- letters of credit and other credit enhancement devices
- acceptance financing
- competitive bid facilities
- mezzanine financing
- transactions that include financial hedging instruments
We represent banks and institutional lenders in structuring and documenting syndicated and “club deal” loan facilities (as agent or as participant).
Our attorneys know when and how to address the particular needs and concerns of a participating lender while protecting the interests of the lending group and the agent, in addition to the usual credit and documentation issues.
From negotiating in or out of court workouts and refinancings to pursuing aggressive litigation, our lending experience allows us to help troubled borrowers develop strategic alternatives to bankruptcy and liquidation.
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Strategic Alternatives For And Against Distressed Businesses, 2022 ed.
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