Coolidge Wall - A Legal Professional Association


Commercial Financing

The firm’s real estate and corporate practices includes a very active financing practice in which we represent lenders, business and property owners, developers, municipalities and other public sector entities in loan transactions. The attorneys practicing in this area have completed financing transactions ranging in complexity from relatively simple loan transactions to highly complex public sector projects, capital markets loans, multi-state facilities, asset-based loans and the like.

Borrower's Counsel

Our attorneys have experience representing the borrower’s interest in all manner of financing transactions, including: revolving, term and other commercial lending facilities; commercial leasing and equipment financing; acquisition financing; asset-based lending transactions; syndicated lending and participations; interest rate swaps and other hedging techniques; letter of credit financing; tax-exempt bond financing, including housing tax credit projects, historic tax credit projects and Community Revitalization Act programs; floor-plan financing; and aircraft and vessel financing. Moreover, our attorneys are familiar with a variety of local, state and federal grant and economic development funding mechanisms. We assist borrowers at every stage of the financing transaction. We confer regularly with our clients to develop the best financing strategies and structures for their company, to negotiate favorable loan terms during the loan application/commitment phase as well as at the time of loan documentation, and to assist with due diligence and closing. Finally, we have a depth of experience representing borrowers during loan restructuring and workout transactions.

Lender’s Counsel

As counsel to many lending institutions, we have considerable experience advising on loan structure, drafting and negotiating loan documents, conducting due diligence, including review of survey, title and lien searches, and entity organization and authorization, and completing closings. The firm’s attorneys have extensive experience with complex business financings, including venture capital, securities transactions and commercial lending and have represented lenders in the types of loan transactions listed above with respect to borrower’s counsel. We have served as designated closing attorneys for SBA 504 loans and have represented lenders utilizing a variety of governmental loan and grant programs.

To the extent that issues arise during the lending process, our financing attorneys work closely with members of the firm’s other practice areas to address issues involving corporate law, bankruptcy and creditor’s rights, federal, state and local taxes, environmental law, intellectual property law, securities law, labor law and employee benefits.

Finally, we understand that the lenders we represent are working hard to bring value to their customers on each transaction. We in turn work hard to strengthen the lender-borrower relationship by providing timely, cost-efficient service and move with diligence to bring projects to closing.

Local Loan Counsel

In addition to representing local lenders, Steve Herbert, Shannon Costello and Kristin Finch serve as local counsel for out-of-state or national lenders on transactions involving Ohio real estate. They are familiar with the proper role of local counsel and works hard to ensure that the firm is efficient and responsive when handling transactions as local counsel. To this end, they have developed the firm’s internal systems, knowledge base, expertise and local resources to be able to handle the issues which local counsel must address to effectively and efficiently to serve the lender and lender’s lead counsel. We are familiar with opinion letter requirements, including capital markets requirements and the need for reasonable qualifications of opinions given. We have set up a method to advise our out-of-state clients and lead counsel on issues of importance in loan documentation generally and we are prepared to translate those general concerns to specific comments on loan documents.

We view the role of local counsel to facilitate completion of the transaction rather than to become an impediment to closing. We are committed to being responsible to the needs of lead counsel and the demands of the transaction. Finally, we are committed to providing our services on a cost efficient basis and are flexible to address issues of cost.

 

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