BANKING & FINANCE

Lucosky Brookman’s commercial lending attorneys have extensive experience in structuring, negotiating, and documenting complex secured and unsecured lending transactions. We work to finalize a loan transaction in the simplest of structures consistent with our clients’ needs, as expeditiously and cost-effectively as possible.

The Firm’s Banking & Finance Group focuses on the representation of investors, issuers, loan originators and their customers, domestic and foreign commercial banks, investment banks, hedge funds, private equity funds, venture capital, private investment funds and other financial institutions in a broad variety of complex secured and unsecured lending and other syndicated and single-bank loan transactions, the financing of commercial assets, and loan restructurings and workouts.

Of particular note, our lawyers provide legal counsel to loan originators and their customers. We provide legal counsel in connection with a wide variety of first lien/single family and commercial/multifamily mortgage loan products.

The Firm combines sophisticated lending experience with contract and securities law expertise. Lucosky Brookman represents lenders and borrowers in connection with single-lender and syndicated secured and unsecured lending transactions, including:

  • Term and Revolving lending transactions

  • Asset-based lending transactions

  • Acquisition financings

  • Revolving lines of credit

  • Letter of credit transactions

  • Bridge loans

  • Workouts, reorganizations and/or loan sales

Highly experienced in the syndicated loan market, our lawyers have gained considerable insight from serving as counsel to both lenders and borrowers. We advise clients on the type of structure and documentation expected in that market. We lend assistance in all phases of a syndicated transaction. This includes establishing a structure, assisting in the preparation of an information memorandum and term sheet, performing due diligence, and negotiating, documenting and closing the transaction.

We have assisted lenders and borrowers of all sizes with respect to virtually every kind of personal and real property collateral. This includes accounts, inventory and equipment, intellectual property, real estate, producing and non-producing oil and gas properties, and credit enhancement vehicles.

As part of our practice background, we have extensive experience in all types of loan-related documentation including not only credit agreements and collateral documents, but also intercreditor agreements, collateral agency agreements, subordination agreements, purchase and sale agreements, letters of credit and many others.

In addition, we often represent lenders and borrowers in loan workouts and restructurings. When our lawyers are involved in transactions from the start, we can build maximum protection into the loan documentation. When representing a lender, if reorganization or liquidation of a debtor becomes necessary, we strive to pursue the action best suited to recover our client’s investment. Our approach is flexible and practical in the areas of collateral recovery, distressed asset sales and lending and securing assets from debtors-in-possession.

Selected clients and transactions that the Firm's attorneys have successfully represented include:

  • $55,000,000 Senior Secured Credit Facility by and between Goldman Sachs Specialty Lending Group, L.P., as lender, and publicly-traded Georgia based company in the solid waste business

  • $10,000,000 Senior Secured Debenture Facility by and between a private equity fund and a publicly-traded Greece based international, vertically integrated shipping, logistics and commodity company, collateralized by a first priority mortgage on a Liberian flagged vessel

  • $5,000,000 Senior Secured Revolving Credit Facility Agreement by and between a private equity fund and a real estate, financial services and energy management company based in the New York, advanced in several tranches and collateralized by, among other things, a first priority security interest in all assets of the borrower and its subsidiaries

  • $5,000,000 Senior Secured Revolving Credit Facility Agreement by and among a private equity fund, as lender, a private healthcare distribution company, as borrower, and certain subsidiaries of the borrower, as joint and several guarantors, advanced in several tranches and collateralized by, among other things, a first priority security interest in all assets of the parent company and its subsidiaries.

  • $3,000,000 Senior Secured Revolving Credit Facility Agreement by and among a Florida-based private equity fund, as lender, a Maryland-based private equity fund, as borrower, and certain subsidiaries of the borrower, as joint and several guarantors, advanced in several tranches and collateralized by, among other things, a first priority security interest in all assets of the parent company, its subsidiaries and certain third-parties.

  • $2,000,000 Senior Secured Revolving Credit Facility Agreement by and among a London-based private equity fund, as lender, a software manufacturer, as borrower, and certain subsidiaries of the borrower, as joint and several guarantors, advanced in several tranches and collateralized by, among other things, a first priority security interest in all assets of the parent company and its subsidiaries.

  • $5,000,000 Senior Secured Revolving Credit Facility Agreement by and among a London-based private equity fund, as lender, a Florida-based private aircraft charter company, as borrower, and certain subsidiaries of the borrower, as joint and several guarantors, advanced in several tranches for general working capital purposes and collateralized by, among other things, a pledge of shares of the parent company and a first priority security interest in all assets of the parent company and its subsidiaries

  • $3,000,000 Common Stock Purchase Agreement by and between a New York-based private equity fund, as purchaser, and a private provider of wireless technology, as seller, entered into in connection with and contingent upon and a $2,000,000 Senior Secured Loan Agreement secured by all assets of the seller and its subsidiaries

  • $4,000,000 Senior Secured Revolving Credit Facility Agreement by and among a London-based private equity fund, as lender, a public provider of medical laboratory services, as borrower, and certain subsidiaries of the borrower, as joint and several guarantors, advanced in several tranches for general working capital purposes and collateralized by, among other things, all assets of the borrower and its subsidiaries

  • $2,000,000 Senior Secured Loan Agreement by and between a NYSE-listed insurance benefit provider, as lender, and two private purchasers, as joint and several borrowers, advanced for the purpose of financing the purchase of a private insurance benefit company and collateralized by, among other things, a pledge of the membership interests in the borrowing entities

  • $750,000 Senior Secured Credit Facility, by and between specialized commercial bank and technology and software acquisition company, advanced to refinance existing company debt and for general working capital purposes and collateralized against company Account Receivables

  • A public company in a $244.8 million secured purchase and sale of iron ore (including the execution of a purchase and sale agreement, security agreement, put option agreement and assignment agreement), pursuant to which the buyer shall purchase certain amounts of iron ore in installments over the course of a three year period

  • An investment bank in a $46 million senior secured loan facility and a $25 million junior secured loan facility advanced to a borrower for the purpose of financing the purchase of luxury cruise ships

  • A private equity fund in connection with a $60 million senior secured loan advanced to a borrower for the purpose of purchasing credit card receivables in South America

  • Investment Bank in two cross-collateralized $17.2 and one $20.6 million senior secured loan facilities

  • A private equity fund in connection with a $34 million loan default, workout, reorganization and loan sale resulting in a successful purchase of secured debt and collateral in South America

  • An investment bank in connection with a $77.2 million loan default and exercise of certain pledged assets

  • A domestic alternative energy company in a $2 million senior secured loan consisting of convertible notes and warrants to purchase common stock

  • A private equity fund in a corporate reorganization of certain subsidiaries and investment vehicles in connection with four senior secured loan agreements totaling, in the aggregate, $60 million.

  • A private equity fund in a $75 million senior secured loan facility advanced to a borrower for the purpose of financing the purchase of wind turbines

  • A private equity fund in a $10 million senior secured loan facility advanced to a borrower for the purpose of financing the purchase of a wood pellet manufacturing plant

  • A private healthcare and pharmaceutical provider in a $1 million senior secured loan facility advanced by a high net worth investor to the borrower for the purpose of providing bridge financing