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Banking & Finance

For more than 80 years, Miles & Stockbridge’s preeminent banking and finance practice has counseled and represented:

  • International, national and regional commercial banks
  • Commercial credit companies
  • Mortgage companies
  • Credit card companies
  • Institutional investors
  • Finance companies
  • Private equity and venture capital investors and other commercial finance organizations
  • Corporations and other business entities in senior, mezzanine and unitranche financings; asset-based lending; trade finance; real estate; public finance; secured and unsecured lending transactions; factoring arrangements; equipment leasing and derivatives products.

Our client focus is on providing skilled counsel  in financing transactions and  in commercial dispute resolution -- ranging from bankruptcy and creditors' rights issues to forbearances to workouts to foreclosures-- banking and regulatory matters, insurance, securities, labor and employment and general corporate matters.

In addition to traditional financing structures, such as senior and mezzanine loan agreements and letters of credit, we advise banking and finance clients on a wide range of sophisticated and complex transactions, including:

  • Affordable housing transactions involving private and public sources of capital, charter school finance transactions, low-income housing tax credit investments, new markets tax credits transactions and other multi-tiered community development finance transactions
  • Asset-based financing transactions using accounts receivable, equipment and inventory as primary types of collateral
  • Equipment leasing and finance transactions where the financial institution is a lender, owner/lessor, seller or trustee
  • International trade finance, credit enhancement, interest and currency swaps and foreign tax credits
  • Private and venture capital financings for small and emerging companies
  • Real estate and construction finance and transactions involving real estate investment trusts (REITs)
  • Syndicated, club and bilateral credit facilities including participations in such credit facilities
  • Tax-exempt and public finance transactions, financial institutions acting as issuer, underwriter, remarketing or placement agent or as the provider of credit enhancement.

We advise our clients on lender due diligence, enabling our clients to evaluate risks and to balance business, operational and legal needs.

Our lawyers have an outstanding reputation as deal closers, strengthened by our access to the Firm's full resources in tax, securities, real estate, environmental, employee benefits, bankruptcy, government procurement, insurance and corporate law.

While each lender has unique transactional processes and procedures, our work with a multitude of lenders enables us to craft customized terms and provisions that benefit all parties, while building in safeguards that protect the lender's collateral and other interests in the event of default, foreclosure or bankruptcy.

Because of our substantial and broad experience in transactional representation, we frequently represent financial institutions and lenders as secured creditors in bankruptcies, liquidations and foreclosures. Miles & Stockbridge lawyers are involved in transactions from their formation -- preparing the loan documentation and covenants through providing appropriate creditor protection in the event of bankruptcy or foreclosure.

When a bankruptcy case involves a client as creditor, our focus is on recovering the creditor's investment - whether that is through a reorganization or liquidation of the debtor. We emphasize flexibility in collateral recovery, working with financial institutions that become lenders to the debtor-in-possession, securing the return of assets using deed-in-lieu-of-foreclosure transactions and advising on distressed asset sales. We are also fully prepared to pursue all collection alternatives, including foreclosure or litigation.

Our comprehensive representation of banking and financial institutions, as well as borrowers, encompasses the full range of general counsel services.

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