Commercial & Asset-based Lending

Providing both lender and borrower representation, we guide clients through the full range of commercial and asset-based lending transactions.

Overview

We provide the specialized expertise required to help our clients with all aspects of secured lending. We’ve closed hundreds of transactions over the past decade, representing local, regional, and national banks, insurance companies, commercial finance companies and mezzanine lenders, as well as borrowers using business assets and cash flows as collateral.

We are active in the structuring, documenting, negotiating, and closing of complex private debt financing transactions underwritten on both an investment grade and leveraged basis. Our experience and our industry relationships have allowed us to help clients close deals involving both syndicated and single-lender loans.

Over the years, we’ve gained extensive expertise in asset-based loans, cash-flow loans, M&A financings, special dividend financings, healthcare financings, hospitality lending, construction lending, revolving credit facilities, CMBS lending and servicing, warehouse loan facilities, mezzanine loans and loan sales. No matter the intricacies, if it’s a private debt financing transaction, we have the experience and the know-how to bring it to a successful close.

We team up with other groups at AGG for specific expertise relating to specialized transactions. For example, we work closely with the Healthcare team in connection with healthcare financing, and with the Corporate team in connection with acquisition financing. Together with our Litigation, Bankruptcy and Workout teams, we handle all aspects of litigation associated with secured loan transactions. We also help our clients with out-of-court workouts and liquidations, and loss share arrangements with the Federal Deposit Insurance Corporation (FDIC).

Our attorneys have been recognized by Best Lawyers for their leadership in this area of the law. We often share our expertise through presentations at business and industry conferences, and through written thought leadership.

Experience

  • Represented a Savannah, Georgia-based private college in connection with $130 million senior-secured credit facility secured by, among other collateral, 50 or more separate parcels of real estate.
  • Represented a large Atlanta-based skilled care nursing home owner and operator in connection with $40 million senior secured credit facility, $40 million senior real estate secured credit facility, and Department of Housing and Urban Development (HUD)-sponsored credit facilities.
  • Represented an agent bank in connection with $350 million syndicated credit facility to an NFL franchise.
  • Represented a regional bank as lead agent in $100 million syndicated loan to a medical device manufacturing and distribution company.
  • Represented a national bank in connection with a $107 million line of credit secured by industrial warehouse facilities in Texas, California and Arizona.
  • Represented a regional bank in connection with a $30 million credit facility secured by 44 retail furniture stores across a multi-state region.
  • Represented a financial services company in connection with a structuring a warehouse loan facility utilizing a titling trust in the amount of $100 million for the origination and sale of life settlement receivables.
  • Represented a financial services company in connection with Section 144(A) private placement of fixed rate asset backed notes with respect to structured settlement receivables totaling more than $97 million.
  • Represented a financial services company in connection with structuring over $250 million in warehouse loan securitizations of structured settlement receivables.
  • Represented the agent bank in connection with an $85 million syndicated senior secured loan to an extended stay hotel company secured by a portfolio of 24 hotels.
  • Represented a bank in connection with warehouse loan facility to a specialty finance company for use to make SBA 504(b) loans for securitization in new federal capital markets program.
  • Represented a bank in connection with a $25 million loan to a medical device manufacturing company secured by patent licenses.
  • Represented a national lender in connection with an A/B note restructure of a $175 million loan secured by an office building in Seattle.
  • Represented CMBS lenders in connection with loans ranging from $1 million to $40 million, secured by office, retail, apartment and hotel properties located throughout the United States.
  • Represented a lender in connection with the workout of a $200 million CMBS loan secured by a trophy hotel in New York City.
  • Represented Horizon PCS, a wireless carrier, in the simultaneous closing of a $125 million private equity investment, a $175 million high yield bond deal, and a senior secured debt facility. This transaction funded Horizon’s business plan and permitted it to significantly expand its network territory.
  • Advised a national leader in cold storage warehousing and logistics industry regarding its $500 million REMIC loan facilities, the purchase and sale of warehouse facilities, national customer contracts, and a recapitalization of its equity interests.
  • Represented a life insurance company in various loans ranging in size from $2 million to $50 million, secured by office and retail properties located in Georgia.

    Recognition

    IFLR 1000 recognizes our firm and individual attorneys as leaders in Banking and Finance among top financial and corporate law firms nationwide.

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