Loans & Loan Documentation
Benesch’s Restructuring & Bankruptcy attorneys work in close coordination with the firm’s Commercial Finance & Banking Practice Group to support secured lenders and other financing stakeholders in documenting, maintaining and restructuring credit facilities. This collaboration ensures that loan documentation and collateral arrangements are prepared and evaluated with careful attention to creditors’ rights and potential insolvency considerations.
Our work includes reviewing and negotiating loan and security agreements, advising on collateral structures, and assisting with loan modifications when borrower circumstances change. We also counsel lenders in connection with workouts and recapitalizations, helping to protect and enforce security interests where a borrower is experiencing financial stress.
In addition, our Commercial Finance & Banking Practice Group provides counsel in real estate and other asset securitization and conduit financing transactions. This work includes the formation of special purpose entities and analyses related to bankruptcy remoteness, true lease treatment and the potential application of the automatic stay in the event of a bankruptcy filing.
Our coordinated approach allows clients to:
- Document and administer secured credit facilities with an eye toward enforceability
- Address borrower financial challenges through negotiated modifications or workout strategies
- Understand the implications of insolvency scenarios on collateral rights and remedies
- Evaluate securitization structures with respect to bankruptcy risk and entity isolation
This alignment between teams ensures that creditors are positioned to respond effectively in both stable and distressed environments.
