Lugenbuhl’s commercial finance group has extensive experience in structuring and documenting asset-based and other commercial financing transactions including energy-related and marine finance matters.
Our clients include national and regional banks as well as finance and leasing companies. Our commercial finance attorneys are skilled in navigating the intricacies of Article 9 of the Uniform Commercial Code, and other state and federal laws that relate to the financing of specialized types of collateral. We utilize our experience to assist our clients in every stage, including: the structuring of proposals, commitments, and agreements; transaction due diligence and investigations; the negotiation, drafting, and preparation of transaction documentation; and the closing and perfection of security interests and other liens.
Over the last decade, we have successfully completed numerous financing and leasing transactions involving equipment, inventory, accounts receivable, deposit accounts, intellectual property, and many other corporate assets, including:
- Lines of credit and other purchase money loans to finance the construction and acquisition of equipment
- Revolving credit facilities secured by security interests in accounts receivable, inventory, and other assets
- Loans and other obligations secured by preferred-ship mortgages against commercial vessels, including mortgages encumbering U.S. flag vessels under the Ship Mortgage Act, 46 U.S.C. §30301, et seq. and foreign-preferred mortgages under the laws of various flags such as the Republic of Vanuatu, the Marshall Islands, and the Bahamas
- Loans and other obligations secured by the pledge of corporate stock and equity interests in other forms of organizations such as partnerships and limited-liability companies
- Financing of equipment through lease structures, including finance leases, tax leases, synthetic leases, and leases intended as security
Lugenbuhl’s commercial finance group frequently represents banks, finance companies, and other clients in connection with loan workouts and restructurings. We also assist clients with the enforcement and foreclosure of security interests—including, through our bankruptcy and creditor’s rights group, those facing bankruptcy proceedings.