Syndications and Participations

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Kutak Rock has extensive experience in representing governmental entities, banks and financial institutions in connection with the sale, syndication and participation of commercial loans and leases and other debt and financial products in the secondary capital markets. Our experience includes representing buyers and sellers of portfolios of commercial finance products, including loans and leases of real estate, equipment and special assets, in both single-asset and multi-asset transactions. Our lawyers possess extensive expertise in these transactions, and provide the following services:

  • Providing initial structuring advice for the transaction from  attorneys with decades of experience with tax, true sale and bankruptcy matters in connection therewith;
  • Preparing and negotiating purchase, sale and assignment documents; and
  • Performing due diligence on underlying loan and lease files in order to assess the quality and completeness thereof.

We also have significant experience in representing financial institutions in documenting the participation of several types of loans and leases, both as counsel to the originator and the participant. Our ability to leverage our firm’s  experienced commercial finance lawyers across the nation allows us to effectively and efficiently handle even the largest of portfolios.