Banking and Borrowing
Assisting clients with the full spectrum of banking and financial legal matters.
Leveraging experience and expertise to work for you
We advise lenders and borrowers on a wide range of banking and finance matters, including loan transactions, credit facilities, and secured lending. Our practice focuses on helping clients structure and document financing arrangements that are legally sound, commercially practical, and aligned with their risk and business objectives.
Structuring and Documenting Lending Transactions
Every lending relationship requires clear documentation to define rights, obligations, and repayment terms. We assist clients in drafting and negotiating promissory notes, loan agreements, security instruments, deeds of trusts, guarantees, and related financing documents to ensure transactions are properly structured and enforceable. As lending relationships evolve, we also advise on loan amendments and restructuring, forbearance agreements and pre-foreclosure disputes.
Supporting Lenders and Borrowers Throughout the Deal Process
Banking and finance transactions often involve multiple parties and complex terms that must be carefully coordinated with existing credit facilities and organization documents. We guide clients through each stage of the process—from initial term sheets to closing—helping identify issues early, advising on commercially reasonable terms and ensuring transactions proceed efficiently and with reduced risk.
our approach
Ensuring financing documents clearly define rights, obligations, defaults, collateral and other security, and repayment structures.
Structuring deals in a way that appropriately distributes financial and legal risk among parties.
Balancing legal protections with the realities of lending and borrowing relationships which may depend on the financial strength of the borrower and security being offered.
Helping clients navigate applicable tax, uniform commercial code, banking, and lending regulations.
Supporting timely and organized closings to keep financing transactions on track.
FAQs about our Banking and Borrowing Practice
What types of lending transactions do you handle?
We assist with a range of transactions, including commercial loans, secured lending, lines of credit, and other financing arrangements between lenders and borrowers.
Why are loan documents so detailed?
Loan documents define the rights and obligations of each party, including interest accrual, repayment terms, prepayment, collateral and other security, default provisions, borrower restrictive covenants, and remedies, which helps prevent disputes and ensure enforceability.
What happens if a loan is in default?
We can review the loan documents to advise the borrower if it is in default, whether there are cure periods, if there are notice obligations and remedies available to the lender.
What is the difference between secured and unsecured lending?
Secured lending is backed by collateral, giving the lender rights to specific assets if the borrower defaults. Unsecured lending does not involve collateral and typically carries higher risk for the lender.
When should an attorney be involved in a financing transaction?
An attorney should be involved early in the process—ideally when terms are being negotiated—to advise on options related to material loan terms to ensure the structure is sound, is appropriate for the relative lender risk, and the documentation properly reflects the agreed-upon deal.
