Bank Financing
Kotz Sangster Wysocki P.C. provides a full range of legal services to its clients in the financial services industry. The Firm has over 30 years of banking experience and exceptional depth and breadth of financial services expertise which includes the representation of financial institutions making commercial and real estate loans; venture capital firms, making debt and equity investments; equipment lessors making equipment leases; and creditors in connection with troubled loans and investments. Our practice includes:
- Loan Origination: Structuring of loan commitments and resulting loans; negotiation and drafting of loan documents, whether routine or complex and unique; special expertise in construction lending.
- Loan Review: Analysis of existing loan documentation to assure collateral perfection and priority, guarantor recourse; creative problem solving before default.
- Equipment Leasing: Leveraged and single investor leasing, securitizations and other structured financings. Representation of institutional equity investors in connection with leveraged lease financings of aircraft, rolling stock, tractors/trailers and new factory equipment. Representation of lessors in the workout of various impaired leases, including, various types of personal property and equipment, including, rolling stock, over the road tractor/trailers and manufacturing equipment.
- Workout, Foreclosure and Commercial Collection: Structuring and documentation of forbearance agreements; mortgage and Article 9 foreclosures; claim and delivery actions to obtain possession of collateral; enforcement of guarantor liability; insurance proceeds contests.
- Bankruptcy: Especially Chapter 11 machinations (cash collateral, adequate protection, relief from automatic stay, competing plans); inter-creditor/priority disputes.
- Lender Liability Counsel and Defense: Advice and counsel to avoid liability claims of borrowers and prospective borrowers; defense of same.
- Bank Acquisitions (and Dispositions): Accounts (including loan and/or mortgage portfolios), branches, whole (or partial) bank mergers and acquisitions; real estate acquisitions; divestitures of all of the same.
- General Banking Litigation: Negotiable instrument claims (forged checks, joint payees, notice of dishonor claims and the like); construction lien claims; letter of credit litigation.
- Trust Administration and Fiduciary Liability Claims
- Personnel Policies, Practices and Procedures: Special emphasis on proactive conflict avoidance, internal audit, defalcation avoidance, detection, correction and recovery.
Financing transactions often require experience in other areas of law. The attorneys in our Financial Services Practice Group work closely with the members of the Firm’s other practice areas to address issues involving corporate law, taxes, bankruptcy and creditors’ rights, environmental law, intellectual property law, securities law, labor law and employee benefits. With the assistance of these other skilled lawyers, our lending and finance attorneys are able to structure financing arrangements and advise clients in a way that minimizes risk throughout the lending relationship.
Our experience with a wide variety of industries, clients, collateral and types of financings allows us to counsel lenders and borrowers in all types of credit transactions, from simple term loans to complex loan facilities. This broad background allows us to provide efficient, flexible and cost-effective services to our clients.
