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Commercial Finance

From a $1 million unsecured loan to a complex cross-border, agented, multilender transaction in Europe to a synthetic collateralized debt obligation vehicle comprised of $1 billion notional amount of credit default swaps, Duane Morris' Commercial Finance Practice provides regional, national and international experience and representation to a broad spectrum of financial institutions, including commercial banks, insurance and finance companies, investment banks and asset managers.

The commercial financial services area is highly competitive. Whether the client is an individual or a significant corporation, our hallmark is responsive service and an insightful, creative and flexible approach to documentation.

With offices in most major U.S. markets and in London, we can provide the level of coverage and experience needed in matters for all of our clients, such as syndicated loan transactions, agented multilender transactions, multibank club transactions, mezzanine financing, individual secured and unsecured commercial loans of all sizes, real estate acquisition and construction loans and securitizations of virtually every type.

We often work closely with other Duane Morris practice groups such as corporate, municipal finance, affordable housing, real estate, reorganization and tax to assist our clients in solving problems. In addition, our lawyers frequently coordinate their work with that of our clients' government relations consultants, including Duane Morris' affiliate Duane Morris Government Strategies.

Service Scope and Capabilities

Our Commercial Finance Practice lawyers are experienced in assisting clients in a broad range of needs, including:

  • Acquisitions and sales of residential and commercial mortgage pools and/or servicing rights
  • Asset-based lending
  • Construction and permanent loans for developers and owners of hotels, shopping centers and other commercial real estate projects
  • Due diligence review and sampling of pooled assets to evaluate quality control, compliance with applicable agency or investor standards and federal and state regulatory review
  • Financing of condominium projects and residential tract developments
  • Healthcare finance
  • HUD and other federal and state loan programs
  • Letters of credit supporting bond issues for nonprofit and for-profit companies
  • Loans to nonprofit and educational institutions
  • Loans to venture companies, including perfecting liens against intellectual property
  • Loans secured by investment property of all types
  • Loans to the communications industry, including cable television, paging and telephone companies that involve FCC licensing issues and franchising issues
  • Loans secured by aircraft and ship mortgages, floor plan financing and purchase money security interest financing
  • Mezzanine financing by insurance companies and their related entities
  • Loans to borrowers in multistate or multinational businesses
  • Loans to retail franchisees
  • Mortgage warehouse financing
  • Public and private financing of affordable housing
  • Residential mortgage licensure and compliance review
  • Structured finance and securitizations of various types of assets, including synthetic collateralized debt obligations.

The Commercial Finance Practice Group is involved in financings of stock and commercial real estate acquisitions as well as securitizations of same. Our lawyers also document the restructuring of troubled loans and companies both in and out of bankruptcy.

The Difference is in Our Approach

Given the nature of the commercial finance area and the time pressures typically involved, our Group approaches each client matter with appreciation for the many goals of our clients, and can provide:

  • Transaction Structuring Advice - advising the client on structures, including those that may reduce its customers' or its own costs or that may increase the likelihood of obtaining the desired rating from a rating agency
  • Document Production - producing clear, concise and complete documents within the time requirements and incorporating recent developments in relevant law and practice
  • Due Diligence Assistance - assisting the client in this process, including creating a checklist to help evaluate the potential transaction risks
  • Transaction Facilitation - assisting in the transaction and the various relationships through responsiveness and cooperation with the relevant parties and their respective counsel during documentation and the closing process
  • Project Management - providing cost-effective service by closely monitoring time and costs and adhering to the client's guidelines and deadlines
  • Post-Closing Services - rendering necessary services, including handling all security interest filings
Duane Morris lawyers in the Group typically work in teams in order to complete work quickly, as is often required in larger transactions. With an extensive library of compliant transaction documents drafted by Duane Morris lawyers, we have been able to meet tight schedules. In some cases, we have produced initial drafts on a same-day basis.

Representative Clients

Lawyers in the Group represent financial institutions of all types in entering into new transactions and restructuring existing ones. A list of our representative clients includes:

Banks and Bank Holding Companies
ABN AMRO
America United Bank
Barrington Bank & Trust
Boston Private Bank
Bryn Mawr Trust Company
Citigroup
Cole Taylor Bank
Corus Bank
Edgartown National Bank
Fifth Third Bank
First Bank
First Bank and Trust Company of Illinois
Hinsdale Bank & Trust
JPMorgan Chase
Lake Forest Bank & Trust
LaSalle Bank National Association
M&T Bank
Mellon Bank, N.A.
National Bancorp, Inc.
National Penn Bank
New Century Bank
North Shore Community Bank & Trust
Northern Trust Company
People's Bank
PNC Bank, National Association
Progress Bank
Sovereign Bank
Universal American Mortgage Company
Wachovia Bank, National Association
Washington Mutual Bank S.A.
Wilmington Trust Company
Wintrust Financial
Zions Bancorporation
Finance Companies
Wells Fargo Foothill
GE Capital
McCaughan Mortgage Company, Inc.
Transolver Financial Services
Vauxhall Finance

For more information, please contact George J. Nemphos or any of the practice members referenced in the Attorney Listing.

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