Lending
EM³ represents commercial banks, community banks, private lenders, credit funds, mezzanine lenders, and borrowers across the full range of lending transactions, from conventional credit facilities to complex structured financings.
Overview
EM³'s Lending practice represents both lenders and borrowers in a wide range of financing transactions, from traditional bank credit facilities to complex structured finance arrangements. The Firm advises on senior and subordinated debt, revolving credit facilities, term loans, asset-based lending, and specialized financing structures.
Deal Types
The Firm handles asset-based lending, cash flow lending, real estate finance, equipment finance, revolving credit facilities, and term loans. Our lending attorneys structure transactions across the full capital stack, from senior secured facilities to mezzanine and subordinated debt, tailoring documentation and covenants to the specific needs of each transaction.
Client Types
The Firm's lending clients include commercial banks, community banks, private lenders, credit funds, mezzanine lenders, and borrowers ranging from middle market companies to large enterprises. Representing both lenders and borrowers gives the Firm a practical understanding of the priorities and pressure points on both sides of a credit transaction.
Transaction Experience
The Firm handles domestic and cross-border lending transactions and brings experience with acquisition financing, refinancing transactions, project finance, and specialty lending arrangements tailored to specific industries and asset types.
Documentation and Negotiation
The Firm negotiates comprehensive loan documentation that effectively balances lender protections with borrower operational flexibility, addresses contingencies precisely, and provides clear mechanisms for managing the lending relationship throughout the term of the facility.
Regulatory Compliance
All lending transactions are structured to comply with applicable banking regulations, securities laws, and other regulatory requirements. The team stays current on regulatory developments affecting the lending industry and helps clients adapt to changing compliance requirements.
Workout and Restructuring
When lending relationships become distressed, the Firm provides counsel on workout strategies, forbearance agreements, and restructuring alternatives that protect clients' interests while seeking to preserve ongoing business relationships where appropriate.
Our workout practice covers forbearance agreements, loan modifications, receiverships, foreclosure proceedings, and UCC Article 9 remedies including strict foreclosure and disposition of collateral. The Firm represents both lenders and borrowers in distressed situations, drawing on transactional and litigation capabilities to pursue the most effective resolution strategy.
Focused Advisory Areas
- Asset-based and cash flow lending
- Real estate and equipment finance
- Revolving credit facilities and term loans
- Acquisition and refinancing transactions
- Forbearance, loan modifications, and receiverships
- Foreclosure and UCC Article 9 remedies
- Regulatory compliance and documentation
