Finance, Banking and Bankruptcy

The firm has broad and deep experience in representing both borrowers and lenders in connection with complex commercial financing transactions. In addition to structuring and documenting loan and lease transactions for financial institutions, our commercial and banking lawyers work with the firm’s business clients to recommend potential sources of financing to meet specific needs, to analyze, make recommendations and assist in negotiations concerning the terms of proposals and documentation related to loans and other financing arrangements.  The firm’s lawyers also represent financial institutions and business clients.

The types of commercial financing and bankruptcy transactions handled by the firm include:

  • General secured and unsecured lines of credit
  • Commercial real estate mortgage secured loans
  • Equipment leasing and secured term debt financing
  • Tax incentive and tax-exempt financing arrangements
  • Loan workout, foreclosure, bankruptcy and other insolvency related matters

Representative experience includes:

  • Represented a major medical center in connection with a series of financing and refinancing transactions totaling approximately $270 million used to fund a new hospital addition that included publicly offered tax-exempt variable rate demand bonds, intermediate put bonds and long-term fixed rate bonds, interest rate swaps and New Markets Tax Credit financing.
  • Represented angel investor in structuring secured loans and equity investments in various start-up companies including retail clothing and designer and distributor of consumer goods.
  • Served as counsel to lead lender in connection with secured and unsecured revolving loan and term debt syndicated credit facilities extended to publicly and privately owned borrowers.
  • Represented private equity firm and its joint venture partner as a debtor-in-possession lender and subsequent purchaser of a high technology defense related company out of a Chapter 11 bankruptcy proceeding.
  • Represented a development sponsor of a continuing care retirement community in connection with a workout of the tax-exempt bond financed facility involving a pre-bankruptcy operating bridge loan and subsequent sale of facility to third party purchaser in the context of a pre-packaged Chapter 11 bankruptcy proceeding.
  • Represented a state housing finance agency in connection with a Chapter 11 bankruptcy proceeding in obtaining relief from an automatic stay to foreclose on a 139 unit low-income apartment complex financed in part through the LIHTC program and in connection with the subsequent sale of the property and a restructuring of the remaining unused tax credits.
Key Contacts

Mark D. Cress