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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 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
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 and revolving loans
  • leveraged buy-outs
  • asset-based and cash flow lending
  • letter of credit and trade finance
  • loan participations
  • domestic and international syndicated loan transactions
  • loans to high net worth individuals for, and/or secured by, luxury items: art, yachts, real estate, investments
  • loans to or from trusts in connection with estate planning

In addition to being involved in new financings from the structuring and proposal stage through closing, we advise clients with the collaboration of our 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
Our team is 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.

We represent institutional lenders in complex structured finance transactions, including:

  • interim and permanent financings
  • forward loan commitments
  • lines of credit
  • mezzanine loans
  • inter-creditor agreement
  • loan participations
  • construction loans (with or without credit enhancements)

Mergers & Acquisitions, Intellectual Property, Real Estate
Our attorneys handle all phases of a loan transaction, including advising on issues to consider in credit approvals, preparation of documents and Uniform Commercial Code (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. 

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Related Practice Areas & Industry Teams:

Attorneys practicing in this area:

Courtney L. Birnbaum
Sandra J. DuBoff
Mark M. Elliott
Marc A. Landis
Steven J. Rabinowitz