Our Commercial Finance Practice

For over 30 years we have represented regional and national banks and other financial institutions. With expertise developed from years of documenting commercial transactions, as well as representing lenders in resolving loan, credit facility, non-payment, and insolvency matters, our commercial finance team is capable of representing lenders in a broad range of transactional and commercial matters.

Lending

We represent lenders and borrowers in a wide variety of financing transactions, ranging from simple loans to credit facilities, bridge loans, and secured asset lending.

We represent lenders in drafting and negotiating loan, credit facility, and other agreements (including security terms), advising on terms and conditions, filing security interests, conducting any required legal due diligence.  In addition to representing banks, we also represent private lenders through fund creation for private lending purposes.

Bankruptcy and Insolvency

We typically represent lenders in bankruptcy and insolvency matters, with a focus on protecting and advancing their interests in both collection and asset protection.  We are adept at taking prompt action in these matters and seeking court-ordered injunctions and other remedies aimed at protecting and preserving assets, as well as representing lenders in debt restructuring.

Representative Financial Services

We provide full range services for borrowers and lenders in the commercial finance arena, including:

• Secured and unsecured borrowings from financial institutions and private debt sources
• Documentation of all lending transactions
• Debtor-Creditor
• Debt restructuring
• Bankruptcy matters
• Collection matters

Our Corporate and Securities Practice – We assist with raising debt and equity capital, and work with venture capitalists and others seeking to invest.

Transaction Representation

We represent companies in significant asset transactions, such as the purchase or sale of a business division, as well as the purchase and sale of entire businesses.  Through significant experience in these matters, we have developed efficient processes for negotiating and documenting transactions.  (For more information on our representation in company purchases and sales, please see our page on Mergers and Acquisitions).

Companies Seeking Investment

We assist real estate developers and other operating companies seeking debt and equity financing in helping to structure such investment, and the term, conditions, and covenants relating to the same.  Often such investment will involve the preparation of private offering materials, the issuance of securities, ensuring compliance with state and federal securities laws, and other corporate structure matters.

Investment Bank and Venture Capital Representation

We represent investment banks and venture capital investors in structuring debt and equity investments in privately-held companies.  As with our representation of companies obtaining investment, we assist investment banks and venture capital investors through drafting and negotiating contracts, investment terms, and covenants applicable to the transaction, which often involve debt and convertible securities.  We additionally assist in undertaking the required legal due diligence on behalf of investors.

Fund Representation

Our corporate finance and securities lawyers also represent promoters in the creation of private funds for specifically-designated purposes (such as to acquire a particular parcel of real estate), or other investment purposes (such as a venture capital fund to provide VC investment).  In these areas, we help promoters with fund structure, tax matters, securities compliance, fund syndication, and closing matters.  We often then represent funds as investments are made.

Restructuring and Workouts

In addition to securities investments, our corporate finance and securities attorneys often assist in matters involving the restructure/re-organization of troubled businesses.  In these instances, we will represent either the business being restructured, or the financial institution or majority debt holder or creditor initiating the restructuring.  For more information on our restructuring and workout practices, please see our page on Bankruptcy and Creditor Rights).

Our Finance and Securities Services

PRK Livengood’s Finance and Securities services include:

Practice Team Leaders – Greg Russell and Rick Carlson