Banking | Finance

Broude Smith helps lenders and borrowers consummate complex, multilayered financing transactions of various types, including:

  • Commercial real estate acquisition, construction and development loans
  • Equipment financing
  • Other asset-based loans
  • Unsecured loans
  • Revolving lines of credit
  • Letter of credit transactions
  • Public financing
  • Venture capital and angel investments

Our attorneys assist with the upfront negotiation of loan terms; guide clients through the loan due diligence process; draft and review promissory notes, deeds of trust, pledges and security agreements, personal and corporate guarantees, letters of credit, escrow and reserve agreements and intercreditor agreements; and, when necessary work with borrowers and lenders to restructure problematic loans or secure suitable refinancing. When necessary, we initiate and conduct foreclosures for lenders.

We represent both secured and unsecured creditors in bankruptcy proceedings, responding to debtors’ reorganization plans and asserting our clients’ rights in connection with motions to lift the automatic stay and proceed against assets of bankruptcy estate, challenges to preferences and fraudulent transfers of assets, and issues relating to leases and executory contracts. We also counsel distressed businesses regarding their bankruptcy and debt restructuring options and assist them in negotiating and papering workout transactions.