Brennan, Manna & Diamond’s finance attorneys have extensive experience in representing borrowers, banks, underwriters and other parties in a wide variety of financing structures.
Brennan, Manna & Diamond has extensive experience in representing borrowers in all forms of financing as described below. In this capacity, we advise the borrower concerning the negotiation and structuring of transactions, review all documentation, and perform due diligence and post-closing compliance
- Term Loans – The most traditional form of financing, used primarily for fixed-asset purchases. This type of debt financing can offer fixed or floating interest rates or conversion options.
- Revolving-Credit Loans – Also known as lines of credit, these loans provide operating capital and are usually extended on a floating-interest basis, but can have fixed-rate options.
- Letters of Credit – Letters of credit are issued by lending institutions to ensure payment of specific obligations of a borrower and are used as a part of special transactions with vendors or other creditors or in connection with note or bond financings. Letters of credit can be issued under separate arrangement with a lender or can be included as a permissible carve-out of a revolving-credit facility.
- Tax-Exempt Financing – Not all projects qualify for tax-exempt financing. Tax-exempt financing methods include industrial-development revenue bonds and healthcare-facilities bonds. They normally involve bond insurance or a credit-enhancing letter of credit from a bank to facilitate marketability. Tax-exempt rates, insurance premiums and letter-of-credit fees can afford significant savings when compared to conventional financings that are not tax exempt.
- Taxable-Note Financing – Often used in larger-term financings, these may be backed by insurance or a letter of credit to enhance marketability of the issue. This arrangement enables the borrower to take advantage of lower interest rates available in the commercial market.
- Construction Loans – Construction loans are designed to provide capital to a borrower while a facility is being built. These loans provide for periodic advances for payment of construction costs, typically on an interest-only basis during the construction period.
- Government-Loan Programs – There are a number of federal, state and even local loan programs offered by agencies, such as the Small Business Administration, that provide low-interest loans to borrowers.
- Restructuring and Workouts – When cash flow cannot satisfy existing debt-service requirements, the loan packages can often be reworked to fit within cash-flow limitations to avoid defaults, interruptions of business and possible bankruptcy.
As bond counsel, we provide innovative financing solutions ensuring that the issuer and/or borrower of the appreciable debt achieves the best possible structure, while making certain that each transaction complies with all state and federal laws.
We represent major national banks as well as small local banks in the various financing transactions.