Commercial finance

Overview

Our Commercial Finance team represents a broad range of financial institutions and financial service providers, including banks, insurance companies, commercial lending entities, hedge funds, private equity funds, and mezzanine and subordinated debt lenders. Our real estate, tax, restructuring and other attorneys support our finance practice by providing the specialized expertise necessary to represent our clients on complex transactions throughout the life of the loan.

We have significant expertise in asset-based financings. multi-state, multi-currency and cross-border secured financings, financings secured by unusual types of collateral, real estate financings, ESOP financings, healthcare financings, floor-plan financings, bridge financings, letter-of-credit facilities, interest rate swaps, leveraged acquisition transactions, and tax preferred financing. We regularly counsel first and second lien holders, as well as borrowers, in all aspects of subordinated and mezzanine debt transactions, including structuring, documenting, and negotiating subordination and intercreditor agreements and the equity enhancements involved in those types of transactions.

Moreover, our attorneys represent financial institutions, secured lenders and other creditors in a variety of insolvency-related matters. We have extensive experience in formulating and implementing financial restructurings in bankruptcy and non-bankruptcy related matters. Our experience includes negotiating and documenting debtor-in-possession financing agreements, negotiating and documenting cash collateral agreements, structuring workout and forbearance agreements, prosecuting and defending state and federal court litigation actions, commencing receiverships, and taking actions under the Uniform Commercial Code.

McDonald Hopkins' Commercial Finance practice is ranked in Chambers USA, with the team recognized as one that "understands the key issues and does a good job of getting deals done." Chambers also notes that the team is "recognized for its representation of some of the state's best known financial institutions," and "Boasts a notably strong offering in the areas of acquisition financing and asset-based lending."

Experience

KeyBank National Association
The Huntington National Bank
Fifth Third Bank
First National Bank of Pennsylvania
TCF
TriState Capital Bank
Encina Business Credit
Monroe Capital
JPMorgan Chase Bank, N.A.
RBS Citizens
Roynat Capital, Inc., a subsidiary of Scotia Bank

REPRESENTATIVE MATTERS SPECIFIC TO BANKING AND COMMERCIAL FINANCE

A global bank in connection with a syndicated $105 million asset-based credit facility (revolving and term loans) extended to a manufacturer of automotive, industrial and after-market products with operations across the United States and Canada, which included the negotiation of intercreditor agreements with four subordinated creditors, including two institutional creditors.
A global bank in connection with a syndicated $220 million multi-currency asset-based revolving credit facility extended to a publicly traded diversified manufacturer with operations throughout the world. The credit facility included various secured credit lines issued to borrowers in the United States and several foreign countries, including Canada and the United Kingdom, as well as the integration of existing complex senior subordinated notes.
A global bank in connection with a syndicated $50 million asset-based revolving credit facility extended to a national chain of religious product retail stores in connection with a significant dividend recapitalization, which included the negotiation of sensitive intercreditor issues in connection with the issuance of a $35 million second lien note and a $25 million third lien note.
A national bank in connection with a $10 million asset based revolving credit facility extended to a national retail chain with over 95 locations.
A national bank in connection with a syndicated $50 million asset-based revolving credit facility extended to a national manufacturer and distributer of interior and exterior construction products, which included securing over 18 pieces of real property in several states.
A national bank in connection with a $36 million credit facility (revolving, term and capex loans) extended to a material handling equipment company to finance its ESOP transaction, which included the integration of a complex subordinated loan.

REPRESENTATIVE MATTERS SPECIFIC TO COMMERCIAL REAL ESTATE FINANCE

A national bank in connection with a $12 million construction and mini-perm loan for CBD office building, which included significant collateral issues, including pledge of historic tax credits issued to affiliate project, and also significant intercreditor issues related to subordinated New Market Tax Credit lender.
A national bank in connection with a $25.5 million refinance of 16-story, 250,000 square foot Class A office building and parking garage in downtown Cleveland, Ohio.
A developer in connection with a $71 million syndicated construction loan for a 364,000 square foot community shopping center in South Florida.
A retail developer in connection with a $44.5 million building loan facility for a 349,000 square foot regional shopping center in New York, which included significant issues regarding the integration of County Industrial Development Agency financing component.