Commercial lenders continue to be risk-averse even as credit markets begin to free up. Avoiding risk is important at every stage of the lending process, from structuring to documenting to closing a commercial loan transaction.

Wilson Elser’s attorneys assist our financial institutions clients in negotiating and closing commercial loan transactions of all types at all stages of the lending process. Our experience in this area includes secured and unsecured credit facilities, syndicated loans and participations, revolving lines of credit and term loans, letter of credit facilities, asset-based loans, real estate financings, construction loan facilities and lease transactions. We also have substantial experience in negotiating intercreditor agreements and subordination agreements in multi-lender scenarios.

As we strive to reduce our clients’ legal exposure, our attorneys approach each transaction with strategic perspective backed by many years of experience. We advise on all aspects of commercial loan transactions and provide strategic counsel regarding deal structures, term sheets and financial covenants, and the completion of necessary due diligence. We participate in negotiations and offer practical advice targeted to help ensure the timely closing of transactions, while we work to protect our clients’ rights.

We also have substantial experience in preparing loan modification agreements, amendments and waivers, and restructuring transactions. Should it be necessary to enforce our clients’ rights, we have extensive loan workout, commercial litigation and judgment enforcement experience in all jurisdictions.

We assess risks and anticipate problems for clients at the time commercial loans are written, ensuring that loan documents adequately protect their interests. Our experience in advising on loan workouts and restructurings brings added value to structuring loan facilities and enables us to navigate the potential pitfalls that could lead to insolvency. 

In today’s challenging economic environment, loan workouts and debt restructurings are increasingly common. Workouts and restructurings require a comprehensive and multidisciplinary approach to achieve practical and lasting solutions for all parties. Wilson Elser’s strength in advising our clients in this area is built on diversity of experience drawn from various related practices within the firm.

This collaborative approach leverages the combined experience of attorneys in our commercial loan transactions, bankruptcy, real estate and commercial litigation practices to serve the needs of our secured and unsecured creditor clients. We are able to offer the varied technical know-how needed to confront their complex problems with a deep understanding of the issues they face, and to provide them with the best possible results.

Our attorneys are regularly involved in national and regional workouts and restructurings and have extensive experience in handling these matters. We have advised clients on out-of-court workouts and forbearance arrangements across all business sectors; workouts and restructures of real estate matters involving office buildings, condominium and townhouse projects, warehouses, and retail and apartment complexes; and loan documentation, collateral review and credit enhancements.

We also regularly handle state and federal court litigation when necessary to enforce our clients’ rights, including:

• Note and guaranty actions
• Mortgage foreclosures
• UCC and collateral recovery actions, including replevin proceedings
• Judgment enforcement
• Receivership proceedings
• Defense of lender liability claims and consumer class actions
• Forfeiture matters with local and federal governments as claiming authorities
• All related services required by secured and unsecured creditors

Our practice is characterized by a proactive approach that emphasizes consensual loan workout arrangements where possible and strong and aggressive litigation where necessary. We bring to bear the full scope of the firm’s diverse legal resources to successfully achieve our clients’ goals. We are proud of our drive to achieve success for our clients, executed with a high degree of productivity and cost-effectiveness.

Wilson Elser’s experienced banking team focuses on all aspects of retail and wholesale banking issues. Our attorneys have addressed problems and claims of every type at all levels of complexity. This experience includes providing legal advice, support, and litigation services to banking operations and to senior management.

We are experienced in matters related to Uniform Commercial Code Articles 3, 4 and 4-A. We offer advice and litigation services for claims regarding forged, fraudulent and counterfeit negotiable instruments as well as electronic funds transfer transactions. Our attorneys counsel clients and litigate issues regarding claims that arise out of the payment and collection system under both state and federal law (Expedited Funds Availability Act and Regulation CC), including late-return claims and other defects in the payment or transfer transactions involved.

Wilson Elser attorneys are experienced in all aspects of issues related to standby and documentary letters of credit, including disputes stemming from nonconforming documents or presentations, nonpayment, and alleged counterfeit or otherwise tainted transactions. Moreover, we work with clients regarding the judgment enforcement legal process, such as restraining notices, levies and other court orders.