Banking & Finance
Phillips Nizer LLP’s Banking & Finance Practice provides counsel on commercial, municipal and real estate financing matters to established public and private companies as debtors, domestic and foreign banks, as well as to asset based lenders and other financial institutions and funding sources. Our debtor clients are involved in a broad range of industries including apparel, propane and home heating oil, electronics, education, real estate development and range from large public companies to middle market, privately held companies.
Closing New Deals, Restructurings, Workouts
Members of our Banking & Finance team advise lenders and debtors on structuring, negotiating and closing finance transactions in various areas including working capital and acquisition lines of credit, term loans, revolving loans, leveraged buy-outs, asset based and cash flow lending, letter of credit and trade finance, loan participations and domestic and international syndicated loan transactions. We also create and perfect security interests in all types of assets, including receivables, inventory, equipment, real estate, fixtures, chattel paper, intellectual property and securities and other instruments. In addition, the group has experience with “private banking” loans secured by art, luxury airplanes and yachts, restricted securities, hedge funds and real estate.
In addition to being involved in new financings from the structuring and proposal stage through closing, members of the Banking & Finance Practice advise clients, in tandem with members of the Bankruptcy and Restructuring Practice, on loan workouts, restructurings, debtor-in-possession financings and Chapter 11 reorganizations. We also advise lenders and debtors on restructuring defaulted loans and refinancings, and negotiate forbearance agreements, waivers and amendments.
Factoring, Equipment Leasing, Derivatives, Mezzanine Loans and Other Transactions
Further, our banking and finance attorneys are engaged in equipment leasing, factoring and other off balance sheet financings. Members of our team advise clients and document the purchase and sale of financial derivatives, including interest rate, and commodity currency swap transactions and other new financial products. We also advise clients on USA Patriot Act compliance.
The Banking & Finance Practice provides representation to institutional lenders in complex structured finance transactions, including construction, conducting, interim and permanent financings, forward loan commitments, lines of credit, mezzanine loans, inter-creditor agreement, loan participations and construction loans with credit enhancements.
Mergers & Acquisitions, Intellectual Property, Real Estate
Our attorneys have experience in handling all phases of a loan transaction, including advising on issues to consider in credit approvals, preparation of documents and UCC financings statements, closings and post-closing follow-up. The success of the Banking & Finance group is enhanced by its close relationship with other practice groups in mergers and acquisitions, tax, ERISA, intellectual property, environmental, Trust & Estates, zoning and real estate matters. The broad scope of our attorneys’ experience uniquely qualifies us to represent either lenders or borrowers. The creativity, efficiency, resourcefulness and responsiveness enables us to resolve issues and solve problems in order to facilitate closings which are perceived by both the borrower and lender to be successful. We strive to understand our clients’ business problems in the context of their industry in order to provide innovative and practical solutions.
Tax Exempt Bond Financing
Phillips Nizer is listed in The Bond Buyer's Municipal Marketplace under "Municipal Bond Attorneys". Our Banking & Finance attorneys have been involved in transactions relating to the New York State Housing Authority, the New York State Dormitory Authority, the Westchester Industrial Development Agency, among others, and have represented the banks providing credit enhancements for, or the underwriters purchasing, or debtors receiving the benefits of, tax-exempt bonds issued by such municipal agencies.
The Banking and Finance Practice is led by Sandra J. DuBoff, who has over 28 years experience in handling loan transactions for lenders and debtors, and is licensed in New York, New Jersey and Connecticut. Ms. DuBoff has both lectured and written articles on topics related to commercial lending.
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