Commercial Loan Transactions

With the tightening of today’s credit markets, commercial lending has become more risk averse.  Avoiding risk is important at every stage of the lending process, from structuring to documenting, to closing a commercial loan transaction from term sheet to funding. 

Wilson Elser’s attorneys have assisted our financial institutions clients in negotiating and closing commercial loan transactions of all types at all stages of the lending process.  Our experience in this area has included secured and unsecured credit facilities, revolving lines of credit and term loans, letter of credit facilities, asset-based loans, real estate financings, construction loan facilities and lease transactions.

Because we want to ensure the minimization of risks for our clients, our attorneys approach each transaction with a strategic perspective backed up with many years of experience.  We advise clients on all aspects of commercial loan transactions and provide strategic advice regarding deal structures, term sheets and financial covenants, and the completion of necessary due diligence.  We participate in negotiations and offer practical advice designed to ensure the timely closing of transactions, while ensuring that our clients’ rights are protected.  We also have extensive experience in preparing loan modification agreements, amendments and waivers, and restructuring transactions.  Finally, should it be necessary to enforce our clients’ rights, we have extensive loan workout, commercial litigation and judgment enforcement experience in all jurisdictions.

At the time commercial loans are written, we assess risks and anticipate problems, ensuring that the loan documents adequately protect our clients’ interests.  Our experience advising loan workouts and restructurings bring added value in structuring the loan facilities since we can navigate the potential pitfalls that could lead to insolvency.  We are experienced in single and multiple lender transactions, and fully understand the role and structure of intercreditor agreements, subordination agreements, and the like in multilender situations.  Our attorneys are skilled in negotiating representations and warranties and fully recognize the impact drafting and negotiating can have on the deal.