Asset-Based Lending

Experience

  • Agent Representation

    Represented the Administrative Agent for a syndicate of lenders in closing of, and subsequent amendments to, a $100 MM asset-based credit facility to a group of companies providing

  • Borrower Representation

    Represented a producer of drill bits in the closing of a $68 MM U.S. and Canadian asset-based revolving credit facility and in the subsequent refinancing of such facility with a new lender group. 

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Overview

Munsch Hardt’s Finance attorneys possess a keen understanding of the business objectives and unique legal issues associated with asset-based lending transactions and are highly skilled and experienced in representing borrowers, agents and lenders. Our clients include national and regional banks, leasing companies, factoring companies, non-bank commercial finance companies and borrowers in all industries.

As more commercial banks and commercial finance companies compete to extend credit, asset-based transactions have increased in both size and complexity, including the use of syndicated secured credit facilities, unitranche facilities, multi-currency borrowings, club deals, direct loans and cross-border collateralization. With a distinguished local practice and national experience, our practice group protects our clients’ interests in all facets of asset-based finance transactions. Included in the mix are syndicated lending issues in the context of an asset-based/dominion of funds transactions; personal property and real estate collateral security matters; letters of credit; executory contracts; regulatory matters; subordinated debt; mezzanine financing; intercreditor agreements; equipment leasing; cash management arrangements and other matters important to asset-based lending clients. Our team also focuses on the routine aspects of a deal, such as structuring, performing due diligence and preparing and negotiating the documentation related to single-lender and syndicated asset-based financings.

In every situation, we bring unique value to our asset-based lending clients by integrating our finance and transactional experience with our in-depth experience in workouts, restructurings, asset liquidation, bankruptcy and litigation matters. Combining our strengths in these areas, we are able to provide comprehensive, strategic and market-leading legal counsel by appropriately staffing each matter. Our team also seamlessly collaborates with other practices groups when needed, including Tax, Real Estate, Corporate & Securities, Intellectual Property, Energy, Labor & Employment and Environmental. 

Our team has successfully completed deals across a number of industries, including:

  • Agricultural
  • Food & Beverage
  • Apparel
  • Forest Products
  • Automotive
  • Heavy Equipmen
  • Chemicals
  • Manufacturing
  • Commodities
  • Media
  • Construction
  • Retail  
  • Consumer Products
  • Software
  • Energy
  • Technology & Telecommunications 
  • Finance 
  • Transportation