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 Banking and Finance
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Commercial Lending & Real Estate Secured Transactions
Our attorneys regularly
represent lenders in all phases of commercial lending and
real estate transactions and have an
extensive knowledge of:
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banking laws, regulations
and other regulatory matters
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environmental requirements
relating to lenders
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corporate issues in lending
transactions
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title issues and title
insurance coverage
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security and pledge issues
relating to personal property and other collateral
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bankruptcy and insolvency
considerations
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workouts, foreclosures and
other enforcement actions
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construction loan issues
The firm represents numerous
lenders in a wide variety of commercial lending work, including term
loans, credit lines, Industrial Development Agency financing (including
sale-leaseback transactions), Small Business Administration loans
(including 504 loans), letters of credit, non-recourse and cross-border
financing, loans secured by real estate, accounts receivable and other
assets, as well as loan participations (on behalf of lead lenders and
participants). These loan transactions frequently involve sophisticated
features, such as “equity kickers”, NYSERDA financing, intercreditor
agreements, mezzanine lending and equity infusions. Among the
specialized areas in which our attorneys have experience are the
financing of affordable housing projects
(including the utilization of low-income housing and historic tax
credits) and health care facilities.
Our attorneys regularly structure and negotiate sophisticated
transactions for savings banks, commercial banks, life companies and
other lenders. These transactions include equipment lease financing,
multi-tiered financing and the securitization of mobile home and other
consumer loans for sale to the secondary market.
In addition to representing private lenders, the firm has acted as
counsel to public financing agencies and a multitude of commercial
borrowers in public and private and bond and non-bond financings. Listed
in The Bond Buyer's Municipal Marketplace (also known as the “Red
Book”), our attorneys have served as bond counsel and underwriter’s
counsel.
Lender Representation
Operational
The firm represents numerous commercial banks, savings banks and bank
holding companies on a wide range of operational matters, including:
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interpretation of and
compliance with Articles 3, 4, 8 and 9 of the Uniform Commercial Code
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relationships among bank
holding companies, their subsidiaries and affiliates
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intra-state and inter-state
branching
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capital maintenance
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conduct of board of
directors and shareholder meetings for banks and bank holding
companies
Our attorneys have handled
such key transactions as the organization of de novo banks, the
conversion of existing institutions to different charters, mergers and
acquisitions, as well as the sale of branches, banking and non-banking
subsidiaries and other assets.
Compliance
We have worked extensively with banks, securities broker-dealers,
insurance agencies and other financial services businesses on regulatory
compliance issues and, as necessary, we have negotiated directly with
regulators on the rules applicable to banking activities, including:
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New York State rules
pertaining to interest on deposits
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FDIC deposit insurance
regulations
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funds availability and
electronic funds transfer rules
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federal and state
disclosure and privacy requirements
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compliance with orders
pertaining to garnishment and restraints on deposit accounts issued by
judicial process.
Additionally, our attorneys
are experienced in the areas of commercial and consumer lending
compliance, including equal credit opportunity and truth-in-lending
disclosure requirements and regulations pertaining to personal loans. We
regularly counsel on their residential lending activities, including
compliance with New York State and federal mortgage lending
requirements, RESPA, Community Reinvestment Act compliance, usury laws,
alternative mortgage instruments and requirements of the secondary
market. We advise banking and non-banking clients on products and
services such as non-FDIC insured investment product offerings,
including required disclosures and marketing requirements, as well as
the structural relationship between banks and affiliates or others
involved with such products. The firm works with lenders to improve
their current products and develop new ones. We are fortunate to have a
number of attorneys who are well versed in the intricacies of complex
financial products, such as mutual funds, variable life insurance,
variable annuities, and exchange traded funds.
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