Locke Lord's Commercial Lending Section is a multi-disciplinary team of professionals skilled in the representation of domestic and international financial institutions, and borrowers, in transactional, regulatory and litigation-related matters. Our clients range from money-center financial institutions to community banks, from entrepreneurs to Fortune 500 companies, and include finance companies, leasing companies, specialty finance lenders, pension fund advisory companies and pension funds in acquisition, development, and management of commercial real property, commercial banks and insurance companies, as well as the corporations and entities that require credit. Our services include legal representation in connection with:
Our goal is to provide exceptional legal services, to be responsive to our clients’ needs and to efficiently manage the cost of our services.
We bring a practical, responsive approach to meeting our clients’ needs—whether the lender is acting individually or as an agent, with a single borrower or multiple borrowers. Our documents are clear and straightforward, yet comprehensive and fully protective of our clients’ interests. Our attorneys have experience with many types of collateral, including collateral with specialized perfection requirements, from aircraft, locomotives and ships, to proceeds of litigation, to various types of intellectual property. We know how to deal with the hidden risks of lending to borrowers whose collateral may be subject to “shadow” liens, such as “hot goods,” tax liens and the Perishable Agricultural Commodities Act. Our experience with loan documentation and our understanding of domestic and international commercial transactions is a valuable supplement to a lender’s own due diligence. We are experienced with syndications, participation agreements, subordination agreements and intercreditor agreements.
Recent representative engagements include:
Locke Lord's bankruptcy and insolvency attorneys meet the needs of lenders facing troubled loan situations by combining the skills of experienced bankruptcy and insolvency practitioners, transactional lawyers and litigators, all of whom work together to identify and implement the best possible solutions. We represent clients who are debtors, investors, asset acquirers, creditors and creditors’ committees, equity committees, bondholders’ committees, indenture trustees, financial institutions, restructuring and turnaround specialists, private investors, shareholders, major accounting firms, municipalities, public and private companies, foreign and domestic purchasers of assets in and out of insolvency, and private individuals (officers and directors of distressed companies, assets and business units).
We help lenders understand the warning signs of a deteriorating facility, assess the enforceability of the loan documents, and maintain or improve collateral positions. Our experience in the defense of lender-liability claims permits us to protect our clients from “control” claims, the imposition of fiduciary duties and equitable subordination claims. The lawyers in this Section have experience in the U.S. and UK with workouts involving forbearance agreements and loan restructuring, liquidation of collateral through assignments for the benefit of creditors, foreclosures and the disposition of collateral under Article 9 of the Uniform Commercial Code. We also have extensive experience in cross-border asset tracing and asset and security recoveries.
Our bankruptcy group frequently represents lenders in connection with chapter 11 and chapter 7 proceedings, assisting with restructurings, the purchase and sale of assets in bankruptcy proceedings, DIP financings and bankruptcy court litigation. This litigation often involves cash collateral hearings, relief from stay proceedings, preference litigation and dischargeability litigation.
Examples of recent creditor’s rights and bankruptcy representations include:
Hartford Life Insurance Company
Aegon, U.S.A., Inc.
Gulf States Toyota
JPMorgan Chase Bank
Jackson National Life Insurance Company
Banco Popular North America
MB Financial Bank, NA
Bank of America
California National Bank
New York Life Insurance Company
National City Bank
Charter One Bank
Park National Bank
Chase Equipment Leasing, Inc.
Regions Financial Corporation
Royal Bank of Scotland
San Diego National Bank
Fifth Third Bank
Service Corporation International
First Midwest Bank
TPG Capital fka Texas Pacific Group
Flagstar Bank, FSB
The Travelers Insurance Companies
Wells Fargo Bank
Zurich American Insurance Company
Locke Lord Bissell & Liddell Attorneys Recognized Among The Best Lawyers in America 2010
|Disclaimer & Trademark Notice
© 2013 Locke Lord LLP