Becker & Poliakoff

Financial Services

Attuned to the intricacies of the financial industry and the numerous legal risks lenders face, Becker attorneys are experienced in structuring complex transactions and enforcing the rights of our financial services clients in state and federal courts.

Representing some of the most respected financial institutions, non-regulated lenders, and hedge funds, Becker attorneys handle a diverse array of transactions including asset-based lending, commercial finance, real estate secured transactions, and leasing transactions. In addition, our creditors rights lawyers represent clients in litigation and negotiations ranging from loan workouts, receiverships, foreclosures, uniform commercial code litigation, regulatory enforcement actions, defense of lender liability actions, title insurance disputes, and other actions regarding disposition of collateral.

Thought leaders in the financial services industry, Becker attorneys serve in leadership positions, are active in, and are frequently called upon to speak to industry trade groups and legal organizations such as the Secured Finance Network, the American College of Commercial Finance Attorneys, New York Institute of Credit, Turnaround Management Association, International Factoring Association (Northeast and Southeast Chapters), and the Risk Management Association, among others.

Representative Experience:

  • Representation of lender in an approximately $20 million asset based loan to a supplier of complex metal components and products serving the aerospace, power, and general industrial markets. Led the negotiation of a sale of several subsidiaries of the borrower and coordination of a stock purchase where the purchase price was allocated to pay down the asset based loan in part and also toward several negotiated expenses relating to the sale.
  • Representation of lender in a $17 million asset based loan and $6 million industrial development bond mortgage loan to a manufacturer of food service equipment and supplies. Led negotiations involved retiring of industrial development facility, restructure of asset based loan and cross collateralization with real estate loan.
  • Representation of lender in a $13 million asset based loan to a public company and leader in the beverage category. Led negotiations with multiple warehouses involving warehouse liens and intercreditor agreements with private hedge fund which had advanced $17 million in mezzanine debt.
  • Representation of major commercial bank in a multimillion defaulted loan where borrower was a tenant of a large complex which itself was undergoing a restructure and where the owner/landlord needed tenant’s obligation to be resolved satisfactorily in order to induce its lender to restructure its loan.
  • Representation of finance company as lender in an ongoing asset based facility, amended ten times to a construction material provider. The tenth amendment involved negotiations with a public company guarantor for its acquisition of privately-held subsidiary which had previously advanced funds to the borrower.