Commercial and Asset-Based Lending

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Kutak Rock’s lawyers in our Commercial and Asset-Backed Lending Group have extensive experience structuring and documenting commercial loan transactions involving real property and personal property collateral. Our firm has represented borrowers and major financial institutions in transactions throughout the United States involving asset-based, asset-backed and cash flow loans. This work has involved all aspects of closing these transactions, including providing advice regarding loan structuring, commitment letters and loan syndication issues, undertaking due diligence, drafting and negotiating transaction documents (including credit, security, mortgage, cash management and pledge agreements, guaranties, intercreditor and subordination agreements and UCC financing statements), and drafting and negotiating legal opinions. Our Finance and Restructuring Group also handles the restructuring and enforcement of such transactions, including drafting and negotiating restructuring agreements, forbearance agreements and waivers as well as representing lenders in bankruptcy proceedings involving the obligors under such transactions.

Representative work by our national commercial and asset-backed lending attorneys includes:

  • Representing a financial institution as agent and co-lender in a $73,400,000 syndicated, all-asset secured lending asset acquisition and development credit facility to a convenience store and gas station operator and its affiliates
  • Representing a co-lender in various syndicated, leveraged finance credit facilities, including ABL facilities, term loan facilities and revolving credit facilities
  • Representing a financial institution as agent and co-lender in restructuring a $63,000,000 syndicated senior secured credit facility to a pizza store operator, including revolving commitments, term loans and development line of credit
  • Representing a lender and an affiliated equity participant in connection with a $40,000,000 all-asset secured lending asset acquisition credit facility to a purchaser and servicer of distressed consumer loans
  • Representing the borrower and guarantors in unsecured borrowing base credit facilities, consisting of a $578,750,000 revolving credit facility and a $278,750,000 term loan facility
  • Representing the borrower and guarantors in a $1 billion ABL credit facility
  • Representing the borrower and guarantors in a $350,000,000 credit facility, consisting of term loans and revolving loans