Corporate & Tax

Commercial Lending

Representing financial institutions, including banks, insurance companies and other institutional lenders, has been an important part of Cohen & Grigsby’s practice since the firm’s inception. The firm’s financial institution clients are well-served by our technologically advanced operations which include comprehensive, full-text indexed databases of legal document forms and legal research. Other aspects of our investment in advanced computer and networking technologies have enabled us to serve financial institution clients in an efficient and cost-effective manner.

Our lawyers have experience in structuring, negotiating and documenting all types of secured and unsecured commercial loans. We regularly represents financial institutions on a wide range of commercial loan transactions, including cash flow and asset-based financing, real estate lending, construction lending, debtor-in-possession financing and acquisition financing.

We represent both senior and subordinated lenders, lead or agent banks when a number of lenders participate in a credit facility and mezzanine lenders who may receive a combination of equity and debt instruments in connection with a loan. Firm attorneys are experienced in industrial development and other bond related financing, as well as letter of credit and other credit enhancement transactions.

Cohen & Grigsby’s experience in commercial lending crosses a wide range of industries, including retail, manufacturing, high technology, medical supply, oil, gas and coal. Firm attorneys have conducted training and education seminars for lenders and other bank officers on issues currently affecting lenders and borrowers, including lender liability and environmental issues.

The following is sample of our representations in recent transactions:

Senior Credit Facilities

  • Represented a banking institution in structuring, negotiating and documenting a multi-bank $65 million revolving credit facility to borrowers in the coal industry
  • Represented a banking institution in a $22 million credit facility to provide acquisition financing for an equipment manufacturer and leasing company
  • Represented a banking institution in structuring, negotiating and documenting a $10 million revolving credit facility (with a $5 million letter of credit sub-facility) secured by U.S. government securities
  • Represented a banking institution in structuring, negotiating and documenting a $5 million secured revolving credit facility to a borrower in the packaged foods business

Mezzanine Financing

  • Represented the mezzanine lender in a $18 million subordinated debt and equity investment in connection with the acquisition of a major manufacturer of home furnishings
  • Represented the mezzanine lender in a $19 million subordinated debt and equity investment in connection with the acquisition of a major manufacturer of athletic equipment
  • Represented the mezzanine lender in a $15.8 million subordinated debt and equity investment in connection with the acquisition of a major supplier of promotional products
  • Represented the mezzanine lender in a $10 million subordinated debt and equity investment in connection with the acquisition of a cable company

Real Estate Financing

  • Represented the lender in a $11 million loan for construction of a hotel
  • Represented the borrower in a $22 million multi-lender deal for construction of upscale housing
  • Represented the borrower in a $7.7 million loan for acquisition and construction of a retail facility
  • Represented the lender in a $2 million loan for construction of upscale housing
  • Represented the borrower in a $2.4 million and $3.2 million loans for land acquisition and construction of build-to-suit retail stores

Letter of Credit Transactions

  • Represented the letter of credit provider in a transaction involving the issuance of a $50 million principal amount of tax-exempt revenue bonds for the benefit of a group of health care institutions
  • Represented the letter of credit provider in connection with the issuance of a $50 million principal amount of commercial paper notes for the benefit of a group of health care institutions