Your company may require additional capital to expand operations, or to get more favorable financing terms. Tucker Arensberg’s finance practice applies its experience and understanding of finance to work with both borrowers and lenders, including financial institutions ranging from large national and super-regional banks to small and mid-sized community banks and commercial credit companies, leasing firms, investment banking firms, insurance companies and other non-bank lenders. Client transactions can range from small businesses banking loans to large, syndicated credit facilities, but they share many of the same characteristics and present many of the same challenges. Our work involves the negotiation, documentation, and closing of financial transactions of all kinds including:

• Unsecured loans
• Revolving credit loans
• Working capital facilities
• Capital expenditure financing
• Term loans
• Asset-based financing
• Mezzanine debt
• Real estate and construction lending
• Syndicated and participated multi-bank loans
• SBA loans
• Export-import bank financing support programs
• Second lien financing
• Equipment leasing
• Synthetic leases
• Employee Stock Option Plans (ESOP)
• Public finance
• Underwritten bond transactions
• Private placement of debt
• Derivative & hedging transactions
• Letters of credit
• Asset securitization
• Foreign currency facilities
• Commercial finance
• Bond counsel

Representative Experience:

• Represented a national bank, in its capacity as trustee, in the evaluation and purchase of vacant real estate in Salt Lake City, Utah valued at $20 million.
• Represented a regional bank with a $9,250,000 construction loan documentation project for construction of a residential condominium project in the City of Pittsburgh.
• Advised banking technology firm that provides cash sweep solutions to insured national banks and state-chartered banks on compliance with Regulation 9 of the US Office of the Comptroller of the Currency.
• Provided on-going advice to a bank holding company and affiliate investment management entity on Compliance with Bank Holding Company Act, the Investment Company Act of 1940, the broker-dealer provisions of the Securities Exchange Act of 1934, the Securities Act of 1933, and FINRA (Financial Industry Regulatory Authority) regulations.
• Represented national bank in class action shareholder litigation.
• Represented national banks in customer/borrower/investor class action litigation.
• Represented several banks in trust and estate litigation.
• Represented foreign bank in civil forfeiture proceeding brought under the USA Patriot Act.
• Negotiated and documented merger of mortgage brokers/bankers and assisted with related regulatory issues.
• Served as trial counsel for multinational banks in connection with poorly performing loans.
• Obtained judgment on behalf of a bank in a lawsuit claiming that it induced its customer to enter a commercial lending transaction by making allegedly fraudulent misrepresentations and preserved the favorable result through the appeals process.
• Obtained judgment on the pleadings for a national bank association in an action involving breaches of rollover reserve fund provisions contained in a $100 million office building loan agreement.
• Represented an offshore financial institution in a staged stock purchase transaction with a U.S. bank.
• Representing financial institutions and borrowers in the documentation, negotiation and closing of single and multi-lender secured and unsecured credit facilities including asset-based lending, construction and real estate financing, mezzanine financing, working capital facilities to U.S. exporters, overseas project financing and insured financing to overseas purchasers of U.S. exports.
• Represents lenders in connection with many types of export-related financing transactions, including: working capital facilities supported by credit insurance, international project financing, insured and guaranteed loans to overseas buyers of U.S. exports and trade and standby/project letters of credit.