Financial Institutions
Our attorneys have significant experience in all aspects of financial transactions, including the representation of lenders in the negotiation and drafting of complex commercial contracts, such as term loan and revolving line of credit facility documents, mortgages and leveraged equipment leases. Our practice requires careful attention to clients' business goals, as well as a broad understanding of the Uniform Commercial Code, especially Articles 2, 2A and 9, and general corporate law, principally the laws of Delaware and Illinois.
Our attorneys have represented several major financial institutions in their commercial lending, enforcement and creditors’ rights activities. We have experience negotiating loans for working capital needs as well as specific stock and asset acquisitions. These loans typically are secured by personal property and real estate , and often are supported by the guaranty of an individual or corporate shareholder. We will work closely with local counsel and title insurance representatives as needed to protect the lender’s interests. Our clients have obtained loans that couple with government programs such as Section 504 Small Business Administration (SBA) financing. Frequently, amendments and accommodations must be drafted and negotiated to meet changing circumstances and needs. In addition, we can assist lenders who seek to minimize their risks by entering into participations and lender agency arrangements.
We are involved in a myriad of enforcement activities for our clients, both in the bankruptcy courts , and outside of the bankruptcy arena, and have extensive experience in financial restructurings. Other services include general counseling, and enforcement actions such as foreclosures, replevin actions for specific equipment and full floor-plan inventory, Article 9 sales, workouts and forebearance agreements, negotiation for the recovery of collateral, assignments for the benefit of creditors, compositions, voluntary and involuntary bankruptcies and adversarial proceedings in bankruptcies.
In addition to experience representing banks in their traditional roles, other talents possessed by Defrees & Fiske lawyers are available to assist financial institutions as needed. We work with banks and trust companies that provide trust administration, guardianship and probate services to individuals and fiduciaries. We are also equipped to counsel banks and trust companies in the management of retirement assets in the administration of prototype plans and related services. Contact us if we can be of assistance to your financial institution.
