Banks & Other Financial Institutions
We represent banks, insurance companies, bond insurers, credit enhancers, savings and loan institutions, and public pension funds. We provide counsel on secured and unsecured loans to private equity groups, venture capital investors, commercial finance companies, and other financial intermediaries. When a business needs to borrow for working capital, expansion, acquisition, development, construction, or other activities, or when a business needs to restructure existing financing to respond to the demands of the rapidly changing economic environment, Arent Fox has the experience to handle the legal demands of complex transactions.
Arent Fox’s experience spans diverse acquisition, development, and construction projects, including residential construction and renovation, office tower construction, stock and asset acquisitions, asset-based financing, communications lending, general corporate finance, infrastructure finance, public finance, restructuring of real estate loans, leveraged buyout financing, general corporate loan facilities, direct bond purchases, and asset securitization.
We have worked on a broad range of transactions, including high-rise office buildings, mixed-use complexes, multifamily housing, large and small shopping centers, single-tenant occupied sites, and residential subdivisions.
- Structuring of project transactions
- Producing documents
- Reviewing and analyzing due diligence
- Negotiating loans
- Advising on collateral and credit enhancement, letters of credit, guarantees, swap agreements, caps, debentures, warrants, participating interests, and inter-creditor and subordination agreements
In conjunction with our litigation and bankruptcy and financial restructuring groups, we represent financial institutions in litigation involving lender liability issues, foreclosures, bankruptcies, debtor’s cases, creditors committees, and liability of directors and officers of banks.
Examples of our work in this area include:
- Initiating a mezzanine loan program for major hotel franchisor for loans to franchised hotels by franchisor, secured by partnership interests to rehabilitate hotels already encumbered with first trust financing.
- Representing an opportunity fund lender in connection with a mezzanine loan secured by partnership interests in partnership owning a multifamily property located in Pennsylvania.
- Representing a client as owner, mezzanine lender to the owner and credit enhancer of a $300 million construction financing and resort manager for a large hotel operator in connection with the development of its largest worldwide resort, the Grande Lake Resort & Spa in Orlando, Florida.
- Representing a lender in a mezzanine loan related to an office building in Falls Church, Virginia, secured by a subordinate deed of trust and pledge of ownership interests.