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Commercial Finance Law Definition
Commercial finance is generally referred to as the function of providing loans or other financing to businesses. Commercial finance attorneys assist borrowers and financers in structuring, negotiating, and documenting commercial loans, loan modifications, restructurings, and other complex financial arrangements, including leveraged buyouts, acquisition financing, and recapitalizations.
Representative clients may include state, regional, and national banks; asset-based lenders; leasing companies; commercial finance companies; syndicated lenders; mezzanine lenders; investment funds; finance companies; institutional lenders; sellers; buyers; suppliers; manufacturers; distributors; retailers; shareholders; and competing creditors.
Areas of focus for commercial finance attorneys may include:
Equipment, inventory, and receivables financing
Real estate secured loans
Lease financing
Structured and leveraged financing
Subordinated and mezzanine debt
Syndicated credits
Workouts and debt restructuring
Lien creation and perfection
Subordination agreements
Equity participations
Senior secured credit financing
Subordinated debt and other mezzanine financing
Loan sales and participation
Swaps and other derivative products
Letters of credit and other credit and liquidity support devices
Enforcement and collection actions
Security agreements
Project financing
Acquisition and development loans
Debtor-in-possession financing
Construction loans
Venture capital
Mezzanine financing/bridge loans
Bond financing
Bridge loans
Uniform Commercial Code (Article 9)
Commercial finance practices vary greatly from firm to firm. For example, some smaller, specialized firms focus on providing a narrow scope of services (e.g., real estate secured loans) to a focused client base (e.g., state banks), while other larger, full-service firms provide many or all of the services listed above to a broad range of lender and borrower clients.
Michael Fletcher
Tonkon Torp
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