Arent Fox offers a range of services to our lender clients who are regularly involved in large, complex financial transactions. We represent banks, insurance companies, savings and loan institutions, private debt funds, REIT’s and public pension funds on a variety of single asset transactions and large multijurisdictional portfolio financings. We provide counsel to several lenders in the making of numerous and varied senior and mezzanine loans, preferred equity investments and B-Note purchases covering a wide range of projects, including multifamily projects, retail, fractured condominiums, hotels, industrial and other commercial properties.
- Structuring of project transactions
- Generating documents
- Reviewing and analyzing due diligence
- Negotiating loans
- Advising on collateral and credit enhancement, letters of credit, guarantees, swap agreements, caps, debentures, warrants, participating interests, inter-creditor, co-lender, and subordination agreements
With strength in representing financial institutions, debt-side funds and other investors making loans to finance real estate projects, our attorneys have significant lender-side experience in the origination, purchase, disposition and restructuring of complex senior debt loans including non-recourse loans and CMBS securitized loans.
Mezzanine Financing and Preferred Equity
Representing lenders, we have created mezzanine loan programs and transaction documents for numerous mezzanine lending clients. Our documents were developed with specific attention to the exercise of remedies in the mezzanine transaction and the relationship of those remedies to the rights and remedies of the senior lenders to provide for the greatest rights and flexibility for the mezzanine lender or borrower.
In negotiating the intercreditor agreements between senior lenders and mezzanine lenders, our lawyers are trained to address a wide array of intercreditor issues, the scope of different mezzanine lenders' collateral packages, a diverse array of creative mezzanine structures, the tax implication of preferred equity structures, and the underlying mezzanine structure documents.
Tax-Exempt Bond Financing
We represent banks on variety of nonprofit municipal financing and commercial lending matters ranging from financing improvements at private schools to providing non-profits with funding to execute on their missions.