Commercial Finance

The Commercial Finance practice at Seyfarth Shaw is recognized locally and nationally as a leader in all aspects of commercial finance. 

Our attorneys regularly represent banks, credit unions, commercial finance companies, leasing companies, insurance companies, hedge funds, venture capital firms and other non-traditional lenders, and other private and public lending institutions.  Whether structuring/documenting commercial loans for daily operations, working capital, refinancing, recapitalization or acquisitions, the attorneys that make up our Commercial Finance team have successfully driven numerous complex deals involving billions of dollars.

Our attorneys have worked on a wide variety of syndicated, club and single bank loan transactions, including asset-based and cash-flow loan transactions involving working capital facilities, acquisition loans, mezzanine and second lien loans, term B and other last out loans, equipment leasing, specialty loans ranging from dealership finance to fleet vessel construction, purchase order financing, project and structured finance, Rule 144A and high yield debt issuances, debtor-in-possession finance, and credit enhancements.  We work closely with our lending clients to effectively and efficiently structure and document each loan transaction, which transactions routinely relate to acquisition financings, leveraged buyouts, recapitalizations, refinancings and bridge financings.  In connection with mezzanine and other alternative financial products, our attorneys regularly work on structuring and documenting warrants, equity co-investments and other forms of equity kickers and deal sweeteners.  In connection with syndicated credits, our attorneys regularly represent the agent bank and other titled institutions along with members of the lending syndicate. 

In addition to representing finance providers, our attorneys also have extensive experience with respect to borrower representations involving syndicated, club and single bank loans to public and private borrowers across all industries, including acquisition loans involving private equity sponsors and strategic buyers, capital call lines provided to funds, and term and revolving facilities utilized for day-to-day operations.

The depth and breadth of our lending experience touches all industries, including health care, manufacturing, intellectual property including software developers/licensors/licensees, real estate, service providers including fulfillment companies and employee benefit and human resource organizations, media and entertainment, financial services, food processors and manufacturers, agricultural producers, publishers, distributors, franchisors and franchisees, aviation and vessels. 

Over the years, the commercial finance landscape has become more and more international in scope, including complex borrower/guarantor structures requiring multicurrency credit facilities and expertise in respect of foreign collateral.  As a result, we broadened our expertise in respect of structuring and documenting multicurrency facilities originating in the United States and we have developed a network of foreign professionals to assist with the purely foreign aspects of international loan transactions.  In addition, we are routinely engaged by foreign lenders and borrowers to assist with United States legal issues in connection with loan transactions originating in foreign jurisdictions. 

We are focused on helping our clients close transactions in an efficient and timely manner while carefully safeguarding their interests and their long-term relationships. With offices across the country, we offer the same level of flexibility, responsiveness and efficiency to national finance clients as well as local lending clients, and we offer attorneys who can carry transactions through their full life cycle, including workouts, bankruptcies and restructurings.  In addition, we regularly rely on cross-disciplinary teams from other practices in our firm such as real estate, health care, tax, corporate, litigation, employee benefits (including ESOP expertise), and bankruptcy to achieve innovative solutions for our clients in all types of situations. 

As described above, our Commercial Finance team has deep experience with respect to a broad range of lending transactions and unique related issues, including the following:

  • Syndicated, Club and Single Bank credit facilities involving Asset-Based Loans and Cash-Flow Loans;
  • Senior Secured and Unsecured credit facilities;
  • Mezzanine, Second Lien and other Junior Capital arrangements and related Equity Components;
  • Equipment Leasing transactions, including Leveraged and Synthetic Leasing arrangements;
  • Specialty Financing, including Health Care financing and related regulatory issues;
  • Acquisition Financing, including Leveraged Buyouts and Management Buyouts;
  • Loans involving Employee Stock Ownership Plans (ESOPs);
  • Credit Enhancements, including Letters of Credit and Guaranties;
  • Project and Structured Finance, including community development bonds; and
  •  Workouts, Restructurings and Bankruptcy matters, including Debtor-In-Possession (DIP) financings