Alert 03.21.25
High Court of England and Wales Decision Clarifies “Lender Discretion”
Borrowers and lenders negotiating commercial loan agreements should use precise contractual language to avoid having terms implied into their agreements.
Service
Pillsbury’s Bank & Leveraged Finance team is a leader in structuring and negotiating complex financings for lenders, borrowers, investors and sponsors across industries.
Pillsbury’s Bank & Leveraged Finance team represents commercial banks, investment banks, finance companies, insurance companies, private equity funds and hedge funds, as well as public and private companies, in a wide variety of international and U.S. financing transactions. Our lawyers are adept at handling a wide range of transactions and are regarded as innovators of novel financing structures, including some of the first amend-and-extend and hybrid amend-and-extend/forward-start facilities, and the development of multi-tranche capital debt facilities. With extensive experience and a deep understanding of the middle market and large cap market across all industries, we position our clients to achieve their commercial lending and borrowing goals, manage workouts, foreclosures and bankruptcies, avoid risks and limit their exposure to litigation.
We provide comprehensive commercial lending advice on all types of secured and unsecured financings, including asset-based lending facilities, mezzanine facilities, bridge facilities, cash flow credit facilities, term loans, letter of credit and acceptance facilities, warehouse facilities and securities offerings including high-yield bonds. From offices in the United States, London, Hong Kong, Tokyo and Shanghai, and through a global network of local lawyers, we advise clients on cross-border credit facilities including on the establishment, maintenance and release of security interests in connection with financings worldwide. Our team has substantial experience with the commitment papers process, including for bank/bridge commitments, and focuses on delivering efficient and smooth execution through to definitive documentation and closing.
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Financial institutions rely on us for our experience in a multitude of deal structures in direct lending placement and middle-market transactions, including single and multiple-facility/multi-tranche transactions, participated and syndicated facilities, domestic and cross-border loans, and dollar-denominated and multicurrency loans. We work on all tranches of credit, including senior, secured, unsecured, mezzanine, subordinated and unitranche facilities.
Our depth and breadth of experience come from representing lead arrangers, administrative and collateral agents, lenders, investors, sponsors and borrowers in numerous transactions, including:
Our sector experience includes:
We have also worked with tangible and intangible collateral including intellectual property rights, computers and software, moveable equipment, financial assets, movie rights, media and telecom, oil and gas, radio licenses, railroad rolling stock, real estate, timber, manufacturing inventory and accounts receivable.
Agent’s/Lender’s Counsel
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Borrower’s Counsel
*Pillsbury lawyers’ recent experience at a prior law firm.
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