Finance

Schiff Hardin represents lenders, institutional investors, placement agents, borrowers and lessors/lessees in various corporate and commercial debt financing contexts. These include:

• Credit facilities of various types
• Equipment and real estate leasing, including:
  • Single investor
  • Leveraged
  • Synthetic leases
• Secured and unsecured loans
• Securitizations and monetizations
• Project and structured finance
• Letter of credit, banker's acceptance and commercial paper financing
• Sales and leasebacks
• Credit tenant loans
• Asset sales
• Private placements of secured and unsecured notes
• Enhanced equipment trust certificates (EETCs)

Our preeminence in finance law is evidenced by the fact that Chambers USA has recognized our finance practice in their annual rankings for the past five years. One of our attorneys was named a Leading Lawyer by Chambers USA.

Five members of our Finance Group have been elected Fellows of the American College of Investment Counsel (ACIC). The ACIC is a national organization of lawyers from both private practice and financial institutions, concentrating in the area of major institutional investments including private placements, project finance and structured finance.

One of our attorneys is a Fellow of the American College of Commercial and Finance Lawyers (ACCFL), the leading national association of lending attorneys.

Corporate Lending

Schiff Hardin's finance attorneys have experience in all facets of corporate finance including:

• Senior secured and unsecured bank lending
• Mezzanine financing
• Project and structured financing
• Private placements
• Rule 144A and high yield debt issuances
• Leveraged and synthetic leasing
• Equipment finance
• Credit enhancements
• Cross-border transactions

Schiff Hardin's experience in the area of secured lending runs deep, having represented lenders and borrowers in all forms of secured lending transactions. This includes the documentation and negotiation of revolving credit facilities and term facilities, as well as letters of credit.

Our significant experience with respect to the complexities of obtaining and maintaining security interests in wide varieties of collateral makes Schiff Hardin lawyers an important asset in the documentation process. We have been especially helpful in working with all parties to financing transactions to facilitate effective communications, straightforward and efficient negotiations, and clear and concise documentation.

Schiff Hardin's mezzanine finance practice combines broad experience and excellent legal skills with a deep commitment to serving our clients' needs. We represent preeminent institutional investors going into, throughout the life of, and exiting a broad array of mezzanine investments. When the need arises, we also regularly represent our clients in workouts and restructurings.

Our mezzanine transactions practice arises in connection with acquisition financings, going private transactions, recapitalizations and growth capital, to name a few examples. We represent clients investing in a broad spectrum of mezzanine investment vehicles, including senior or junior subordinated notes, which may be secured or unsecured, preferred stock and limited liability company interests of numerous classifications, in each case with varying terms and levels of subordination, together with equity kickers and equity co-investments.

We routinely face complex deal structures and difficult situations. We pride ourselves with consistent client satisfaction. Our attorneys cover all facets of corporate finance including:

• Senior secured and unsecured bank lending
• Private placements
• Rule 144A and High Yield Debt issuances
• Project and structured finance
• Leveraged leasing
• Synthetic leasing
• Equipment finance
• Credit enhancements
• Cross-border transactions

We have represented most of the different types of participants involved in the structured and project finance process, including entities providing financing or credit support, and other originating or sponsoring entities, underwriters and servicers.

Clients we have represented in connection with providing financing or credit support in project or other types of structured finance transactions include many major banks, insurance companies, municipalities, and other governmental entities.

Leasing

Schiff Hardin attorneys are well experienced in equipment and real estate leasing deals. We have represented clients in:

• Leveraged leases
• Synthetic leases
• Operating lease financing
• Single investor leasing
• Sale-leasebacks
• "Lease-in, lease-out" financing
• Lease refinancing
  

Real Estate Finance

Schiff Hardin attorneys assist clients with construction, permanent, asset-based, public, project, structured, build-to-suit lease, and other complex types of financing, as well as the restructuring of real estate financing in default, condominium conversions, and leasing and subleasing.

We have represented lenders

These financings often have included unique surface, subsurface, air rights, and water rights issues. They also have included both fee and leasehold property interests.

We also advise on deal structure, drafting and negotiating documentation for:

• Construction and permanent loan financings
• Credit enhanced 80/20 bond financings
• Loan workouts and restructurings
• Mezzanine lending
• Joint venture agreements including:
  • Limited partnerships
  • Corporations
  • Limited liability companies
• Acquisitions and sales of properties including:
  • Offices
  • Retail properties
  • Hotels
• Sale/leaseback financings

We assist and counsel clients in the formation and implementation of joint ventures and strategic alliances. This includes providing advice to clients regarding innovative financing, and we structure complex loan instruments. We work with city, regional, state, and federal governing bodies, commissions and regulatory agencies to obtain necessary approvals and, where appropriate, various types of public funding.

We also go beyond the "traditional" areas of real estate services to include experienced, cutting-edge counsel on real estate backed securities and other investment vehicles linked to real estate. Our firm has practice groups with local and national capabilities in virtually any area of the law that might apply to a particular real estate matter, and can call upon these lawyers when such counsel is needed.