The Commercial Finance Practice Group of Fletcher Tilton offers a wide range of legal services to financial institutions and private clients throughout Massachusetts, including international and national banks, regional and community banks and credit unions. We represent national, regional and local commercial lending institutions and private lenders in a wide array of secured, unsecured and other debt financing transactions.
Our practice group advises lenders and borrowers through every stage of commercial finance transactions. Our firm serves as counsel to banks, financial institutions, private and public companies and non-profit organizations. From debt and equity financing to loan restructuring and debt workout, our attorneys guide our clients through the complexities of a commercial transaction while anticipating the challenges that may arise. Our broad range of experience allows us to address the specific financing needs of our clients and provide practical solutions to their problems.
Commercial Loan Documentation
Fletcher Tilton is adept at drafting and negotiating the structure of financing transactions, preparation and negotiation of financing documents, regulatory compliance, participation and intercreditor arrangements, and perfection of security interests involving a full range of financing including real estate acquisition, construction loans, purchases of equipment, receivables financing, and other asset-based lending, providing advice and counsel on loan structure and financial covenants. Representative areas of our commercial finance practice include:
- Real property and construction financing
- Equipment financing and leasing
- Commercial and industrial financing
- Asset-based financing
- Small Business Administration (SBA) 504 Loan Program and SBA Guaranteed (7a) financing
- Taxable, Tax-Exempt and Direct Purchase Bond Financing
- Syndicated loan facilities
- Intercreditor and Participated loan facilities (lead lender and participant)
- Acquisition Financing
- Capitalization and recapitalization financing
- Mezzanine and bridge financing
- Debt Restructure
- Workout
Commercial and Construction Lending Compliance Matters
Fletcher Tilton provides advice and counsel on collateral analysis with regard to zoning and permitting and all phases of construction lending. The commercial lending group has at its disposal one of Central Massachusetts’ premier commercial real estate practitioner to assist in zoning, permitting and construction related matters.
Collateral Analysis
Fletcher Tilton assists lenders in analyzing proper securitization of collateral being offered as security, such analysis includes the review of real estate titles, environmental concerns, cross-collateralization, perfection and priority of lien position to insure that our lenders are adequately secured in making their loans.
Intercreditor, Syndicated and Participated Facilities
Fletcher Tilton advises loan officers in connection with loan participations and inter-creditor arrangements as well as syndicated loans with other lenders to insure that the parties understand their rights and responsibilities to one another and that their relative priorities are clear. In addition, we specialize in the underlying commercial loan documentation review and analysis to confirm the loan being purchased comports with the lender’s internal approval.
Loan Work Out and Troubled Loans
Fletcher Tilton is often called upon by commercial lenders to assist in restructuring and working out non-performing loans including those in bankruptcy. Our attorneys assist in crafting a customized workout solution designed to bring debtors into compliance and enhance the outlook for full repayment to our clients. However, when workouts have failed or are not appropriate, Fletcher Tilton also provides its banking clients with a full suite of foreclosure services necessary to recover secured assets.
Bankruptcy
Fletcher Tilton has extensive experience in bankruptcy law including representation of creditors, debtors and trustees in both liquidation and reorganization proceedings.
Representative Matters:
- Lender representation in $15,000,000 commercial real estate purchase money financing
- Lender representation in $53,000,000 commercial financing for construction of residential apartment complex
- Lender representation in $17,000,000 bond financing for non-profit educational institution
- Lender representation in $7,000,000 commercial construction financing for multi-building multi-unit phased condominium construction.
- Lender representation in $40,000,000 commercial development financing for warehouse construction
- Owner representation in $48,000,000 financing for construction of residential apartment tower
- Participant representation in $47,000,000 financing to non-profit institution
- Purchaser representation multi-franchise acquisition involving real estate and assets