Commercial & Institutional Lending

Whether providing counsel directly to banks or other lending financial institutions, or those seeking financing from them, Freeborn's attorneys leverage their years of experience to manage all manners of commercial lending for their clients. 

Whether providing counsel directly to banks or other lending financial institutions, or those seeking financing from them, Freeborn's attorneys leverage their years of experience to manage all manners of commercial lending for their clients. 

Wherever you are in the process and whichever side you are on we have the experience and knowledge to meet your lending needs.

We have extensive experience in representing and advising both lending financial institutions and borrowers across multiple industries in negotiating, structuring and documenting all types of secured and unsecured credit facilities; including: 

  • income asset backed loans; 
  • real estate backed loans; 
  • factoring loans;
  • commercial and industrial (C&I) loans; 
  • construction loans;
  • multi-asset/loan facilities; and 
  • syndicated credit facilities. 

We also have particular expertise in dealing with credit facilities involving: real estate acquisition/development/constriction; food manufacturing/production; healthcare organizations/health service entity; transportation/infrastructure projects and participants and cannabis products/services.

Lenders:
We represent a variety of commercial banks and other lending financial institutions across multiple geographic areas and industries and we offer a full suite of commercial lending legal services. Such services include: 

advising on loan structuring/collateral issues; 
negotiating and drafting all related loan and collateral security documents; and
assisting with related due diligence and compliance matters. 

Where more than one lending party is involved, we can also assist with the negotiation and drafting of all intercreditor and related agreements among the parties. By combining the knowledge of our highly experienced attorneys together with members of our Real Estate Practice Group, Litigation Practice Group and Bankruptcy & Financial Restructuring Practice Group, we have the ability to handle the full breadth of our clients' commercial lending needs, no matter how complex. For our lender clients, we have the capability to be an all-in-one solution.

Borrowers:
We also represent borrowers of all types, sizes and industries as they navigate the process of negotiating and obtaining secured and unsecured credit facilities. For our borrower side clients, we are truly adept as issue spotting and advising of applicable risks as well as negotiating the respective loan documentation in an effective and cost-efficient manner. We also have the ability to assist our borrower side clients with all related transactions including: 

  • preparing required corporate actions; 
  • preparing/compiling required due diligence materials; and
  • drafting/negotiating related agreements. 

In addition to the above, in the event a loan goes sideways our attorneys are extremely adept at advising both lending financial institutions and borrowers as they navigate the resulting /work out and related transactions. When applicable, we are also capable of representing both plaintiffs and defendants in litigation/arbitration, including collateral sale/seizure and bankruptcy related matters, in connection with non-performing credit facilities.  

Representative Matters

Represented Borrower in $125,000,000 timber secured loan facility.

Representation of various bank clients in the extension of asset/receivable based middle market ($10 - $100 MM) term/revolving credit facilities to healthcare and assisted living borrower entities; including the negotiation and drafting of loan agreements, security agreements, promissory notes and intercreditor agreements. Representative bank clients include The PrivateBank, Fifth Third Bank, and MB Financial.

Representation of various borrower clients in the extension of asset/receivable/real estate based middle market ($10 - $100 MM) term/revolving credit facilities. 

Representation of lead lender in connection with the negotiation and documentation of middle market ($10 - $100 MM) syndicated loan made to a multi-borrower group and secured by multiple parcels of real estate located in several states and a collateral assignment of stock in a banking corporation.

Representation of lead lender in connection with the negotiation and documentation of $50MM syndicated loan secured by collateral assignment of insurance premiums.

Represented lead lender in connection with the negotiation and documentation of $180 MM syndicated secured financing made to a 65-member borrower group.

Represented purchaser in connection with the negotiation and documentation of a $97 MM acquisition and transfer of five parcels of real estate ranging across three states.