Wallin & Russell specializes in the structuring, negotiation and documentation of financial transactions. Our attorneys represent lenders, equity sponsors and corporate borrowers in a wide range of debt financing transactions, including asset-based and cash flow-based commercial loans as well as various types of real estate financing. We use a practical approach that focuses on closing your transaction in an efficient and cost-effective manner. Given our range and depth of experience representing each side of these types of transactions, we can anticipate and counsel you through issues that are likely arise and to propose effective solutions early in the process.
In addition, with our depth of experience in insolvency and litigation matters, we frequently handle transactional aspects of the restructuring and workout of troubled loans and the representation of parties in bankruptcy proceedings when the need arises.
Our attorneys have considerable experience working on secured financial transactions with businesses of all sizes and in a wide variety of industries. Different companies can have radically different access to capital – from factoring arrangements, to “hard money” or asset-based credit facilities to cash flow or leverage-based loans. Having represented both lenders and borrowers on scores of transactions across these different types and sizes of commercial financing, we have the expertise to help you navigate “what’s market” and get your deal across the finish line.
When working on these types of secured loans, it is critical that one understand the types of collateral being provided and how to properly create and perfect a lien in that collateral. We have worked with all types of different assets – from the ordinary to the exotic – and we know the steps to take so that the validity of your liens will stand up when you need them most.
Real estate is big business in California, and the purchase, development and financing of it drives a number of business transactions in our region. California law presents a number of nuanced but critical issues when working on real estate-secured loan transactions, and it is critical that you work with attorneys that understand how to navigate those issues to properly structure, negotiate and document your loan. Our attorneys have a wide range of experience in real estatefinancings, having represented both lenders and developers in all major types of real estate loan products, including permanent, mezzanine, revolving credit and construction loan facilities.
We also have the expertise in issuing the opinion letters often required as part of these types of financing transactions, both as primary counsel to the borrower and occasionally local California counsel, including opinions with respect to authorization, enforceability, security interests and other securitization and non-consolidation issues.