Arnall Golden Gregory LLP’s Commercial Lending Practice Team focuses on the representation of banks, finance companies, insurance companies and other lenders in all aspects of real estate, corporate and commercial lending, including asset-based lending and equipment lease financing. This work includes loan syndications; corporate lending to middle market companies for working capital, capital expenditure and related purposes; local counsel representation of lenders in large, multistate loan transactions; and real estate lending for the acquisition and construction of projects in all real estate sectors -- including retail, multifamily housing, office and industrial projects -- and permanent financing of these projects (including ‘conduit’ lending for securitized real estate investments).

We advise clients in the structuring of these loans, loan documentation, creation and perfection of security interests in personal property as well as real estate collateral, loan closings and troubled loan workouts.

Corporate & Asset-Based Lending

AGG represents lenders throughout the South, as well as nationally. Examples of asset-based and corporate lending transactions handled by attorneys in this practice group are:

Aircraft Financing Factoring Arrangements Leveraged Buy-Out Financing Debtor-In-Possession Financing Inventory Financing Accounts Receivables Financing Cash-Flow Financing Floorplan Financing Interest Stripping Transactions

Investment Securities Financing Asset-Backed Securitizations  Intellectual Property Financing International Letter of Credit Financing Personal Property Foreclosures Motor Vehicle Financing Collateral Review and Disposition Equity and Debt Restructuring

Real Estate Lending

Our attorneys also have considerable experience in structuring, negotiating and closing a wide assortment of commercial real estate finance transactions. Examples of the types of real estate finance transactions handled by our attorneys include the following:

• Closed $30,000,000 bank financing facility to air charter company secured by lear jets and other assets of borrower.
• Structured $96,000,000 mini-permanent loan on 28-story office tower in Atlanta.
• Represented major life insurance company in closing of $80,000,000 permanent loan on mixed-use regional retail mall and office project in the State of Alabama.
• Represented lender in closing of over $100,000,000 in permanent loans on apartment complexes owned by one of the largest residential apartment developers in the Southern United States.
• Handled purchases by institutional investor/lenders of a number of shopping malls in the Southeastern United States.
• Closed $15,000,000 bank financing facility to food store chain secured by stores and related assets throughout South Georgia and North Florida.
• Represented lender in a $35,000,000 financing facility secured by more than 100 parcels of realty located throughout Southeastern U.S.
• Represented major life insurance company in acquisitions of "power" shopping centers.
• Represented lender in numerous other permanent and construction loan commercial real estate closings, including "conduit" and "combo" securitized loans.
• Represented major life insurance company in closing of $45,000,000 permanent loan on regional shopping mall in Atlanta.
• Represented national life insurance company as regional counsel in small to medium commercial loan program, with loans aggregating in excess of $100,000,000 and individual loans pertaining to multifamily, retail and warehouse properties in states from Maryland to Florida ranging in size from $1,000,000 to $22,000,000.
• Represented major institutional lenders with regard to real estate aspects of leveraged buy-out and other corporate finance transactions with multiple properties in multiple states, with responsibility for title and survey review, negotiation of title insurance coverages and other real estate matters.
• Represented borrower in $77,000,000 permanent financing from two major life insurance companies secured by multifamily projects in Georgia and Texas.
• Represented insurance company lender in mezzanine financings in the Southeast.
• Represented lender in $40,000,000 construction financing for luxury high-rise condominium project in Atlanta.
• Represented lenders in numerous residential and commercial real property foreclosures throughout the State of Georgia.

Equipment Leasing

Our attorneys also have significant experience representing lessors, lenders and arrangers in the lease financing of aircraft, rail and other equipment.  We have played key roles in structuring, documenting, negotiating and closing domestic and cross-border finance leases, operating leases, export credit agency supported lease financings and the restructuring of existing lease finance arrangements.

Regulatory Experience

In addition to representing lenders in connection with the structuring and closing of corporate and real estate secured loan transactions, AGG also advises financial institutions regarding compliance with state and federal banking and consumer finance regulations. Our attorneys have particularly knowledge of the following state and federal laws and regulations, and have significant experience advising financial institutions regarding compliance issues, as well as, where applicable, drafting contractual documents:

• Truth-In-Lending Act (Regulation Z)
• Georgia Uniform Commercial Code Articles 2A, 3, 4, 4A, 5 & 9; New York Uniform Commercial Code 2A & 9 
• Equal Credit Opportunity Act (Regulation B) (litigation services available)
• Regulation CC (Funds Availability)
• Fair Credit Reporting Act
• Georgia Banking Act
• Truth-In-Leasing Act (Regulation M)
• Georgia Credit Union Act
• Fair Debt Collection Practices Act
• National Bank Act
• Georgia Motor Vehicle Sales Finance Act
• National Credit Union Act
• Georgia General/Criminal Usury Statutes
• Interstate Banking Act
• Georgia Industrial Loan Act
• Federal Interest Rate Import/Exportation Rules
• Georgia Home Solicitation and Finance Act
• Check Kiting, Check Fraud Rules (litigation services available)
• Home Equity Line of Credit Rules
• Electronic Funds Transfer Act Compliance
• DIDA/Manufactured Home Finance
• Wire Transfer/Check Processing Disputes between Banks (litigation services available)

For more information on this practice area, contact

• George A Mattingly, Practice Leader