Any commercial borrower seeking a loan must be prepared to jump through a few hoops. Lenders make loans based on a borrower’s character, capacity, capital, and collateral. Your character will probably already be known to your lender, but it will be up to you to provide financial information about your company that will demonstrate the business’ capacity to generate income to repay the loan. Lenders have armies of professionals and attorneys poised to document a transaction with one goal in mind: protect the lender’s investment. Unless you hire an attorney to represent you in negotiations and at closing, no one else will act with your interests exclusively in mind.
Jimerson Birr’s borrower representation practice helps the loan process move smoothly and efficiently. Our experience representing companies of all sizes, as well as lenders, enables us to ensure that lenders get requisite corporate documents, licensure, authorizations, resolutions, insurance certificates, and collateral support needed to underwrite and issue loans. Once loans are through underwriting and loan committees, our lawyers provide value-add counsel in negotiating and documenting favorable loan terms. Our team moves swiftly to address any questions posed by both the borrower and lender, and provides documentation necessary to meet loan closing goals. Numerous legal documents are used in a typical commercial closing. Without careful review and negotiation by a knowledgeable borrower’s counsel, your liabilities and risks may be increased.
We provide a complete range of borrower’s representation legal services, regularly offering counsel in areas such as:
- Reviewing, editing, negotiating and drafting loan documents
- Explaining each document and its legal consequences
- Counseling in the loan approval and loan closing process
- Due diligence support
- Reviewing and finalizing collateral titling documents
- Representation at closing
- Advising on asset-based and cash-flow lending
- Assisting with complex leveraged buyout financing
- Post-closing services to perfect security interest filings and consummate financing transaction
- Developing creative loan workout agreements and foreclosures
While commercial borrowing may seem straightforward, our experienced lawyers will have the transactional and litigation experience that a commercial borrower requires. Even though commercial lending transactions rarely result in litigation, having an attorney who is well-versed in all aspects of the law is a great benefit to the client. When you’re thinking big, it helps to have a legal partner who will share your vision and serve your interests. You can count on Jimerson Birr to be there to protect you as your company grows and changes. We’ll take time to understand your business, the industry you work in, your business and legal goals, and the way your company operates. Our team of trusted legal advisors is there to be a resource that you can call upon to give you quick, clear answers, so you can make the best decisions for your business.