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Commercial Lending

Kutak has built a reputation as a leader in financial transactions and relationships, which is managed by a group of more than 50 finance attorneys with extensive experience representing banks and financial institutions as lead lenders, syndicate lenders and participants; and public and private corporate borrowers. We represent a wide range of national, regional and community banks, non-bank credit providers and borrowers in many types of finance transactions across a broad spectrum of industries.

Our experience spans the full array of transactions, including small loans made by a single lender to a single borrower, large, broadly syndicated loans made by many lenders to large borrowers and their affiliates and highly structured or unique financing arrangements. Kutak Rock’s expertise in commercial and structure finance and our knowledge of market standards and trends allows us to effectively represent clients in complex financing transactions.

We offer clients the focus, attention to detail, and commitment to enduring relationships typically found in boutique practices, together with the breadth and depth of a large, national firm. We customize our services to meet each client’s needs and objectives, beginning with right-sizing our team.  Responsiveness, efficiency, reliability and reasonable cost are key differentiators of our firm and our finance practice. Every transaction is important to us and receives our highest quality of service and attention, regardless of size.

By working closely with clients at every stage of the transaction, from term sheet through closing, our attorneys offer practical advice regarding loan structuring issues, due diligence risks, negotiation of transaction documents, analysis of credit risks and security, cash management issues and intercreditor arrangements. We have experienced attorneys skilled in handling security interests and lien matters for all types of assets. 

Our commercial finance team facilitates the tempo of each transaction and manages the parties involved to keep transactions moving in an efficient manner. These project management skills, paired with our finance experience, enable our attorneys to effectively assist lenders and borrowers in multi-state transactions and portfolio deals.

We serve clients in the full range of lending-related matters including:

  • Acquisition financing
  • Agricultural lending
  • Asset based lending
  • Bridge loans
  • Capital markets, including assignments and participations
  • Commercial real estate mortgage finance
  • Construction and permanent financing
  • Commercial and industrial lending
  • Energy finance
  • Equipment leasing and lending
  • Franchise, hotel and hospitality financing
  • Intercreditor agreements
  • Inventory financing
  • Letters of credit
  • Leveraged and investment grade financings
  • Multicurrency and multinational transactions
  • Project finance
  • Purchase and disposition of distressed loan assets
  • Rail, aircraft and vessel financing
  • Recapitalizations
  • Receivables sales and factoring
  • Sale-leaseback transactions
  • Special servicing arrangements
  • Specialty finance transactions
  • Subordinate debt and mezzanine lending
  • Syndicated credit facilities
  • Tax-exempt financing
  • Vendor financing
  • Warrants and other equity incentives
  • Workouts, restructuring, foreclosure and bankruptcy