Financial Services

Experience

  • Bank Holding Company Disposition

    Represented North American Bancshares, Inc. in its merger with and into Durant Bancorp, Inc. Consideration for the transaction was a combination of cash and stock valued at $450 MM. Our

  • Restructuring Representation

    Obtained a big win for a Texas-based bank in an oil and gas-based restructuring engagement. In the face of an imminent bankruptcy filing by the borrower and a potential inter-creditor dispute between the

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Overview

Munsch Hardt has an international reputation in the Financial Services industry. Our attorneys represent lenders from a variety of disciplines within the industry, including banking institutions, non-regulated lenders, private equity and hedge funds, as well as domestic and foreign financial institutions. On the banking side, our clients include banks of all sizes, credit unions and other creditors and lending institutions. In the specialty finance area, our lawyers bring a high degree of expertise and market knowledge in advising venture capitalists, institutional lenders, family offices, private equity and hedge funds and other financial professionals. Whether the matter involves a syndicated lending transaction, a financial institution merger, the acquisition of a banking institution, an acquisition of financial assets, the creation of strategic alliances or the outsourcing of core processes by or to a financial institution, our multifaceted team of attorneys focuses on achieving our client’s business objectives in a timely and cost effective manner to some of the industry’s most innovative transactions.

Our transaction attorneys frequently counsel on a wide-range of transactions, including: 

  • Asset-based lending
  • Acquisition financing
  •  Corporate debt & high-yield instruments  
  • Derivatives & swaps 
  • Public debt financing & municipal bonds
  • Project finance & infrastructure
  • Real estate finance 
  • Reserve-based lending
  • Restructurings & workouts
 

We also have experience in advising on electronic payment processing, factoring transactions and letter of credit facilities.

In addition, our controversy lawyers represent clients in connection with issues related to lender liability, deposit account claims, defending and enforcing letters of credit, foreclosures, trust and fiduciary claims, regulatory claims and fraud or breach of fiduciary duty allegations. These attorneys are regularly called upon to represent officers, directors and other professionals at failed financial institutions against actions by regulatory authorities and in related civil, criminal or administrative proceedings.

This representation gives us a broad perspective in negotiating, documenting and restructuring complex, large dollar loans, combination debt and equity transactions, as well as working capital loans, mezzanine loans, revolving credits and unsecured credit facilities. Our team is also experienced in representing offshore private investment funds in loan transactions involving United States funds.

Asset-Based Lending

Our Asset-Based Lending practice is composed of attorneys who specialize in the documentation, negotiation and structuring of secured financial transactions. We represent lenders, lessors, venture capital groups, investors and, at times, sellers, lessees and borrowers. Our client base consists primarily of financial institutions such as domestic and foreign banks, commercial finance companies and insurance and leasing companies. We also routinely advise‚Ä® on acquisitions of and/or investments in leasing companies and asset portfolios, secured and unsecured bridge and revolving credit financings, and a wide range of regulatory and asset repossession matters. Our understanding of the unique needs in this area allows us to craft specific strategies to help our clients reach their business goals and to address the challenges and opportunities they encounter.

Corporate Debt & High-Yield Instruments 

The Finance & Capital Markets Group has significant experience advising issuers and underwriters on high-yield bond offerings in numerous jurisdictions across the U.S. and abroad. Our attorneys can handle all aspects of high yield-debt offerings, including negotiating complex covenant packages, handling subordination, security issues and advising on bridge-to-bond financings, bank-to-bond financings and restructurings. In addition to high-yield bonds, we advise on a wide variety of mezzanine loan transactions. We are experienced with all types of investments, whether they take the form of debt, equity, conveyances of real property interests, or any combination thereof. In these matters, our attorneys represent alternative lenders, such as private equity funds, mezzanine funds and hedge funds as well as borrowers.

Derivatives & Swaps

We advise clients with respect to the full range of over-the-counter and exchange-traded derivative products. We represent a variety of market participants, including domestic and international banks, insurance companies, financial products companies, funds, investment advisors and a wide spectrum of end-users in both domestic and international derivatives transactions. Our Derivatives team members have experience with swap, option and structured-note transactions involving established products, such as interest rates, currencies, commodities, securities and credit. From negotiating and executing the foundational documentation to finalizing trade confirmations for each trade, we truly handle ever stage of the derivative transaction life cycle. The derivatives team is integrated with other Munsch Hardt practice groups, allowing the Firm to provide multidisciplinary legal advice regarding the derivatives issues that implicate a number of different laws and regulatory schemes, such as those relating to commodities, banking, securities, insolvency, partnerships and tax.

Public Debt Financing & Municipal Bond

Our attorneys serve as bond counsel in virtually every type of public financing transaction. Additionally, the team acts as underwriter’s counsel, trustee’s counsel, counsel to credit enhancement providers, counsel to purchasers of municipal bonds and borrower’s counsel in connection with all types of tax-exempt and tax-credit bond financings.

Project Finance & Infrastructures 

Munsch Hardt’s interdisciplinary team is comprised of attorneys well-versed in the investment, litigation, merger and acquisition, finance, real estate and tax-related aspects of sophisticated infrastructure-related transactions. With this comprehensive practice, we are able to advise clients throughout the full lifestyle of a major project – from procurement, negotiation, contracting and delivery, to resolution. Our lawyers work with project sponsors and developers, commercial and investment banks and other financial institutions, investors, manufacturers, technology companies, contractors, governments and other participants active in the sector. This practice area spans a number of sectors, such as large, mixed-use developments (office buildings, hotels, sports stadiums, convention centers) energy (electricity, oil and gas, renewable), social infrastructure (health, education, justice), and transportation (airports, roads and bridges, parking, transit and ports). 

Real Estate Finance

With one of the strongest Real Estate practices in the Southwest, Munsch Hardt attorneys partner with U.S. and foreign banks, financial institutions, pensions and private equity funds, REITS and loan servicers in connection with traditional and non-traditional financings. We also represent numerous real estate owners, developers, investors and managers. With an in-depth understanding of both sides of a transaction, we help clients navigate acquisition and development loans, bond financings, bridge loans, construction loans, debt/equity transactions, deed-in-Lieu of foreclosure transactions, lines of credit, mezzanine financings, mortgage-backed security loans, revolving credit loans (both secured and unsecured), syndicated and securitized loans, tax increment financings and the purchase and sale of distressed real estate loans.

Reserve-Based Lending

Munsch Hardt’s attorneys bring together multidisciplinary teams to represent leading agent banks, other lenders, investors, as well as oil and gas exploration and production companies, on the full range of reserve-based financing arrangements. These teams have deep knowledge of the exploration and production of hydrocarbons and the financing needed for such operations. By combining our extensive knowledge of these two industries, Munsch Hardt is able to evaluate loan-related risks and then structure, negotiate and document reserve-based arrangements and collateral packages with an understanding of the need to balance lender protections and borrower flexibility. Our attorneys have experience in advising on reserve-based financing options from single-bank loans to complex syndicated financings.

Restructurings & Workouts

Our insolvency attorneys emphasize a proactive, rather than reactive, approach to our clients’ legal and financial concerns. We frequently assist in restructuring negotiations and workouts with senior lenders, potential replacement lenders, major and mission critical creditors and vendors and regulatory authorities outside of a formal Chapter 11 (or Chapter 7) bankruptcy case. Such negotiations may lead to a pre-packaged or pre-negotiated plan to be implemented through bankruptcy, or, as appropriate, may also be directed to liquidating unprofitable assets and avoiding bankruptcy altogether. Our experience includes not only bankruptcy matters, but also senior and secured liens and subordinated loan workouts, receiverships, assignments for the benefit of creditors, financing and commercial litigation allows us to formulate restructuring approaches that maximize client interests in a variety of circumstances. Our unique structure and extensive professional resources enable us to be flexible in structuring client engagements both in and outside of Chapter 11. Our attorneys coordinate efficiently and seamlessly with our clients’ financial and business advisors, consultants, restructuring officers, estate custodians, accountants, brokers and liquidators and other professionals.