Whether you are a lender or a borrower, Kugler Wechsler helps you structure, negotiate and document commercial financing transactions that protect your priorities, facilitate funding and support your long-term business objectives.
Structuring Financing That Protects Your Objectives
A commercial financing transaction involves much more than the amount of credit and the interest rate. Repayment terms, financial covenants, security, guarantees and default remedies can materially affect your company's liquidity, operating flexibility and ability to grow.
Whether you are a lender or a borrower, you need to understand how each provision allocates risk. Incomplete or poorly tailored documentation can delay funding, create uncertainty over priority or impose unnecessary restrictions on the business.
A Transactional Approach Informed by Risk
Kugler Wechsler represents financial institutions, asset-based lenders, businesses and investors in a broad range of financings and refinancings. We become involved at the structuring stage to identify issues, coordinate due diligence and negotiate documentation that reflects your commercial objectives.
Our experience in insolvency, restructuring and commercial litigation helps us anticipate problems that may arise after closing, including priority disputes, enforcement of security, defaults and intercreditor issues. You receive practical advice that considers both the successful completion of the transaction and how the financing will operate over time.
Our Services in Commercial Financing:
- Structuring and negotiating credit facilities, term loans, operating lines and asset-based financings
- Drafting and reviewing credit agreements, promissory notes, guarantees, hypothecs and other security documents
- Advising on priorities, intercreditor agreements, subordinations and postponements
- Coordinating corporate due diligence and conditions precedent to funding
- Handling refinancings, amendments, renewals, waivers and forbearance arrangements
- Advising lenders and borrowers in defaults, restructurings and enforcement situations
Financing and Security Matters:
- Secured and unsecured credit facilities
- Operating lines and term loans
- Asset-based and receivables financing
- Acquisition financing and refinancings
- Movable and immovable hypothecs
- Guarantees and assignments of claims
- Intercreditor and subordination agreements
- Amendments, waivers and forbearance arrangements
- Defaults, enforcement and restructurings
