Banking/Finance

collaborative

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Straight Talk® is good business

since 1902

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experienced

Banking/Finance

A Tradition of Straight Talk to Financial Institutions and Borrowers

Technology and competition are the drivers of lending and investing innovation at the most successful financial institutions. In the reality of increased regulation, financial service institutions and banks are economic gatekeepers that must translate regulatory and economic policies into everyday business transactions. 

Our banking practice began at the dawn of the twentieth century, when we helped to organize Texas Commerce Bank, now a part of JPMorgan Chase. As change in the banking industry progresses, Andrews Kurth lawyers counsel at all stages of adaptation. Areas of our Banking/Finance practice group include:

Banking and Finance Clients. We are skilled legal advisors to banks, thrifts, diversified financial service companies, pension funds and insurance firms.

Recognized for our work in complex financing transactions of almost every type, Andrews Kurth lawyers work to get deals get done, protect the lender’s collateral, and satisfy regulatory requirements. Client issues we address include: 

Commercial Lending and Syndicated Finance

Andrews Kurth represents lenders and borrowers in virtually every type of commercial lending transaction. We work to finalize a loan transaction in the simplest of structures consistent with our clients’ needs, as expeditiously and cost-effectively as possible.

We have vast experience in large and small, secured and unsecured commercial credit facilities ranging from small loans and single borrowers to billion-dollar syndicated credit facilities and other forms of structured finance. These include:

Syndicated Finance. Highly experienced in the syndicated loan market, our lawyers have gained considerable insight from serving as counsel to both lenders and borrowers. We advise clients on the type of structure and documentation expected in that market. We lend assistance in all phases of a syndicated transaction. This includes establishing a structure, assisting in the preparation of an information memorandum and term sheet, performing due diligence, and negotiating, documenting and closing the transaction.

Commercial Lending. We have assisted lenders of all sizes in taking virtually every kind of personal and real property as collateral. This includes accounts, inventory and equipment, intellectual property, real estate, producing and non-producing oil and gas properties, and credit enhancement vehicles.

Loan Documentation. As part of our practice background, we have extensive experience in all types of loan-related documentation including not only credit agreements and collateral documents, but also intercreditor agreements, interest rate option and swap agreements, collateral agency agreements, subordination agreements, collateral custodian agreements, purchase and sale agreements, letters of credit and many others.

Energy Finance

We represent domestic and international energy clients, from small independents to integrated majors and pipeline companies and utilities.  We strive to negotiate the most effective capital structures and counsel on every aspect of those structures, including, exploration, production, processing, refining, infrastructure, transportation, trading and marketing. Our work with lenders on energy deals includes:

Mortgage Banking and Securitization

We represent mortgage banking and financial institutions and their customers in all aspects of the mortgage banking and loan securitization. 

Experienced in the business from the ground up, our lawyers provide legal counsel to loan originators and their customers for their creating, buying and selling loan servicing rights, and loan origination businesses. We provide legal counsel to them for their originating a wide variety of first lien/single family and commercial/multifamily mortgage loan products.

Our transactional advice on individual mortgage loans includes whole loan sale, participation and pass-through transactions, as well as a wide range of mortgage loan securitization and conduit programs. We provide counsel to those securitizing residential and commercial loan pools that reflect the latest rating agency criteria, servicing developments and investor demands, and meet all rules and standards of the Federal Home Loan Mortgage Corporation (FHLMC), Fannie Mae (FNMA) and Ginnie Mae (GNMA).

Real Estate Finance

Andrews Kurth’s banking, corporate, real estate and tax professionals work together on complex real estate transactions. We provide legal counsel to lenders and borrowers who wish to enter a synthetic lease or other real estate loan with accounting and tax advantages in mind. 

Working with clients with real property matters based regionally and nationally, we have counseled parties on all sides and aspects of transactions, including:

Typical real estate projects have included leased retail and office space, particularly in complexes of over one million square feet. Other project experience includes hotels and gaming properties, arena/civic center projects and industrial facilities.

Regulatory Compliance

Andrews Kurth’s regulatory counsel includes advising clients on the requirements for the acquisition, brokering, origination and/or servicing of commercial and mortgage loans in all 50 states. We work with regulators from such agencies as:

Our counsel includes securing approval for mergers, acquisitions and hostile takeovers. We also help new financial institutions obtain charters and deposit insurance and form bank holding companies.

Whether addressing bank examiner concerns about lending programs, or asset quality, or communicating on restructuring, bank purchases and sales, and similar changes, our lawyers are strategic advisors and navigators through the regulatory system.

Workouts and Restructuring

We often represent lenders and borrowers in loan workouts and restructurings, bankruptcies, liquidations and foreclosures. When our lawyers are involved in transactions from the start, we can build maximum protection into the loan documentation.

When representing a lender, if reorganization or liquidation of a debtor becomes necessary, we strive to pursue the action best suited to recover our client’s investment. Our approach is flexible and practical in the areas of collateral recovery, distressed asset sales and lending and securing assets from debtors-in-possession. Should foreclosure or bankruptcy litigation become necessary, we strive to obtain maximum collateral recovery.

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