Commercial Banking
The financial services industry is undergoing profound changes as a result of market forces, economic conditions, competitive pressures and technological advances. To meet the challenge of ever-increasing customer service demands, financial institutions are looking beyond the boundaries of the environment in which they currently operate. At the same time that the U.S. banking industry has seen national expansion of banking and non-banking activities, global competition has resulted in an unprecedented wave of merger, acquisition and restructuring activity creating international financing giants. Paralleling and driving these trends, internet-based and other forms of electronic banking are revolutionizing customer service, internal management and delivery system paradigms. Our financial services lawyers not only understand the new developments affecting the financial services industry but also know the basic credit and commercial issues that affect bankers on a day-to-day basis.
Our Group handles U.S., UK and German as well as international transactions. With offices in Düsseldorf, London, Munich and New York, we are well positioned to provide strong cross-border transactional advice and support.
LENDING & FINANCING
Our representation includes commercial banks and investment banks in corporate credits of various types, secured and unsecured syndicated credits, letter of credit facilities, real estate and construction financing, acquisition financing, private banking loans, ESOP lending, asset-based lending and other working capital financing, aircraft financing, industrial development bonds, leveraged buyouts, mezzanine investments and other acquisition financing, small business financing, documentary letter of credit transactions, and Export-Import Bank and other trade financing.
We also provide commercial banking advice on day-to-day business matters with respect to deposits, checks, wire transfers and related UCC matters in addition to consumer credit, private banking and trust activities.
RESTRUCTURING & WORKOUTS
We have extensive experience as counsel in problem and distressed loan and investment situations. Our Group is actively involved in various elements of loan and debt workouts, single lender and syndicated loan restructurings and distressed asset transactions, including structuring, negotiating and implementing workout and recovery programs, special situation transactions, and representing purchasers and sellers of distressed loans, accounts receivable and other high yield assets.
STRUCTURED LENDING & FINANCING
We have extensive experience in representing lenders and other investors in connection with the structuring, negotiating, syndication and documentation of a broad range of financial products. We work closely with a number of financial institutions in the structuring and documentation of secured and unsecured loans, credit-enhanced products, bankruptcy-remote financing structures, cross-border financings, off balance sheet financing in a wide variety of industries, project finance and privatization related financings, derivatives and interest rate hedging transactions and a wide range of other structured debt and mezzanine products.
SECURITIZATIONS & RECEIVABLES FINANCING
Our Group has represented numerous banks and lenders in their roles as investors, liquidity lenders, letter of credit issuers, credit enhancement providers, cash collateral providers or trustees in connection with securitizations of various types of receivables including, mortgage, credit card, equipment, auto leasing, consumer retail, consumer loan, commercial loan, commercial lease, rental car, export finance, insurance premium and health care.
REGULATORY MATTERS
We work regularly with key regulatory agencies such as the Federal Reserve Board, Federal Deposit Insurance Corporation, Office of the Comptroller of the Currency, New York State Banking Department (and other state banking departments), Securities and Exchange Commission, and other governmental agencies.
We have been active in chartering U.S. domestic banks and licensing international banks that are establishing branch, agency and representative offices in New York State and elsewhere in the U.S. We have also been involved in mergers and branch and asset acquisitions and loan portfolio sales. Our Group regularly advises senior bank management with regard to compliance matters as well as regulatory enforcement actions to which financial institutions are subject.
As the commercial banking industry expands ever more rapidly into non-traditional activities, our Group advises banks on the expanding powers of financial institutions. These areas include broker-dealer, mutual funds, investment advisory, asset management, commodities and other closely-related-to-banking activities.
MULTILATERAL AGENCIES
As an approved provider of legal services to certain multilateral agencies, our lawyers often work on behalf of multilateral agencies as lead counsel, representing senior and other participating lenders in single lender or syndicated transactions. Whether we work as lender’s counsel or represent customers, we have deep familiarity with the programs and procedures of numerous multilateral and bilateral financial institutions. Our Group has substantial experience advising on international transactions involving their financial products or guarantees, and thoroughly understand the technical aspects of their requirements. We have advised on assessment and compliance with legal and regulatory issues affecting proposed projects, financings and country/regional funds.
PROJECT FINANCE & ENERGY
Members of the Group have significant experience in advising clients on the legal, financial and commercial aspects of international project financing transactions. Group members have extensive experience with non- and limited-recourse financings, secured and unsecured term and revolving credit facilities for the power industry. Our lawyers played a prominent role in the development of the project finance model that was successfully utilized in the U.S. independent power industry, and in the adaptation of that model to address the challenges of infrastructure and industrial projects around the world. We have worked in all segments of the electric utility industry, including regulated, investor-owned utilities, utility holding companies, foreign power investments and unregulated power production affiliates of electric utilities.
OTHER INTEGRATED SERVICES
Recognizing the complex nature of commercial lending and finance transactions, McDermott, Will & Emery is an international law firm providing integrated services and support to our financial institution clients in a broad range of legal areas including, commercial litigation, U.S. and international tax advice, human resource, labor and employee benefits, environmental, real estate, corporate mergers and acquisitions, private equity transactions, energy, commodities and derivative products, private placement and public finance.
Contacts
- Michael L. Boykins
+1 312 984 7599
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