Loans & Financing

Brody Wilkinson’s Business Group represents institutional and private lenders, borrowers, investors and trustees in a broad range of secured and unsecured lending transactions including commercial real estate lending, lines of credit, letters of credit, project and acquisition financing, private equity and venture capital financing, asset-based financing, and lease transactions.

Our work in the commercial finance area involves performing and reviewing due diligence, providing strategic advice regarding the appropriate structure of transactions, negotiating terms and conditions, preparing and reviewing documentation and providing legal opinions.

In the commercial real estate finance area, we have extensive experience representing clients in acquisition, development and construction loan transactions. The Business Group often collaborates with the firm’s Real Estate Group.

Our clients include banks, private equity firms, venture capital firms, leasing companies, real estate developers, health care and other service providers, manufacturers, retailers, short-term bridge loan lenders and technology companies as well as individuals.

Attorneys in the Business Group regularly represent clients in connection with:

  • Acquisition of tax liens
  • Aircraft loans
  • Construction loans
  • Debt restructures
  • Equipment lease financing
  • Guaranty & suretyship agreements
  • Hard money & bridge loan financing
  • Inter-creditor & subordination agreements
  • Leasehold mortgage loans
  • Loan enforcement & foreclosures
  • Loan modifications, workouts & restructuring
  • Loan participation & syndication agreements
  • Private placements
  • Real estate financing
  • Recapitalization financing
  • Refinancings
  • Sale-leaseback financing
  • SBA loans
  • Secured & unsecured credit facilities
  • Tax-exempt financing

Representative matters include:

Representation of a lender in connection with a multi-million dollar real estate development project involving lender’s traditional financing plus lender’s financial participation in the development entity. Our advice consisted of performance and review of due diligence materials; and negotiation and drafting of loan and ownership documents.

Representation of a non-profit borrower in connection with a multi-million dollar construction to permanent mortgage loan. The proceeds of which were used to finance capital improvements to its membership facilities.

Representation of a lender in connection with the acquisition of three buildings by a major regional firm.

Representation as counsel to a private equity firm in connection with structuring and documenting a multi-million dollar bridge financing transaction for the developer of a solar energy and gasification project in the Caribbean. The transaction consisted of both loan and equity components.

Completion of a multi-million dollar tax-free recapitalization of a family owned holding company.

Completion of a 10-year succession plan for a CT-based manufacturing firm that involved a recapitalization of an S-Corp into voting and non-voting shares, followed by the placement of non-voting shares into a 10-year GRAT, and, ultimately, the installment sale of parents voting stock to the children who manage the company.

Rendered opinions on the not-for-profit status of a California charitable educational institution and a Connecticut supportive housing facility in connection with their issuance of tax-free bonds in the amount of $12 million.

 

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