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:
- Commercial Lending and Syndicated Finance
- Energy Finance
- Mortgage Banking and Securitization
- Real Estate Finance
- Regulatory Compliance
- Workouts and Restructuring
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:
- Bank regulatory matters
- Commercial and energy loans
- Disposition of troubled properties
- Financing of leveraged acquisitions
- Foreclosures and loan workouts
- Institutional placements of debt securities
- Project and structured financing
- Real estate financing and syndications
- Swaps and other derivative transactions
- Syndicated financing transactions
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:
- Traditional commercial loans
- Asset-based lending agreements
- Construction and development loans
- Leveraged and synthetic leases
- Securitization conduits
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.
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:
- Secured and unsecured debt financing and mixed debt/equity financing vehicles
- Leveraged leasing and sale/leaseback transactions
- Production payment financings and power purchase agreements
- Project financing
- MLP finance
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).
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:
- Commercial mortgage brokers
- Conduit lenders
- Construction and development lenders
- Life insurers
- Mortgage loan servicers
- Pension funds
- Publicly traded limited partnerships
- Real estate developers
- Real estate investment trusts (REITs)
- Securitized mortgage originators
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.
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:
- Federal Reserve Board (FRB)
- Federal Deposit Insurance Corporation (FDIC)
- Office of Thrift Supervision (OTS)
- Comptroller of the Currency (OCC)
- Multistate banking agencies, including in Texas
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.
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.
- Anti-Corruption and the Foreign Corrupt Practices Act (FCPA)
- Antitrust Litigation
- Banking/Finance Litigation
- Bankruptcy and Financial Restructuring
- Class Action Litigation
- Commercial Litigation
- Copyright Litigation
- Data Privacy and Cybersecurity
- Economic Recovery and Government Opportunities
- Executive Compensation/Employee Benefits
- Exempt Organizations
- Initial Public Offerings (IPOs)
- Investment Funds
- IP Counseling and Licensing
- Latin America/Caribbean
- Litigation and Dispute Resolution
- Master Limited Partnerships (MLPs)
- MLP Lending and Finance
- Mortgage-Backed Securities
- Patent Litigation
- Patent Prosecution
- Patent Trial and Appeal Board Proceedings
- Private Equity
- Public Finance
- Public Law
- Public-Private Partnerships (P3s)
- Real Estate
- Securing and Maintaining Trademarks and Brand Names
- South Asia
- Subprime and Distressed Assets
- Technology and Emerging Companies
- Trade Secret/Trade Dress Litigation
- Trade Secrets/Trade Dress
- Trademark Proceedings and Litigation
- White Collar and Regulatory Enforcement
Recognized as a Recommended Patent (Contentious) Practice in the United States, IP Stars
Recognized as a Recommended Patent Prosecution Practice in the United States, IP Stars
Recognized as a Recommended PTAB Litigation (USPTO) Practice in the United States, IP Stars
Recognized as a Recommended Trademark (Contentious) Practice in the United States, IP Stars
Recognized as a Recommended Trademark Prosecution Practice in the United States, IP Stars
- 3/16/2017Andrews Kurth Kenyon Recognized in Prestigious 2017 Chambers Global Legal Directory
- 3/8/2017Andrews Kurth Lawyers Recognized as 2017 Texas Rising Stars
- 11/1/2016Andrews Kurth Kenyon Named Among Best Law Firms for 2017
- 9/23/2016Andrews Kurth Kenyon Recognized in 2016 Legal 500 Latin America Guide
- 5/27/2016Andrews Kurth Receives High Marks from 2016 Chambers & Partners USA Guide
- The Bond Buyer’s 21st Annual Texas Public Finance ConferenceFebruary 9, 2017
- 2016 5th Circuit Bankruptcy Bench-Bar ConferenceFebruary 24, 2016
- The Bond Buyer’s 20th Annual Texas Public Finance ConferenceFebruary 1, 2016
- The Supreme Court Holds that Laches Can No Longer Be Used as a Defense Against Damages Claims in Patent Cases Brought within the Patent Act’s Six-Year Limitations PeriodMarch 24, 2017
- Life Technologies Corp. v. Promega Corp.: Exportation of a Single Component is Not Subject to Patent Liability Under Section 271(f)(1) of the Patent ActMarch 7, 2017
- Special Reporting Requirements Regarding Exercises of Incentive Stock Options and Transfers of Stock Acquired under Employee Stock Purchase Plans (2017 Update)January 11, 2017
- State and Local Governments Grapple with Challenges of New Limits on Antitrust State Action ImmunityDecember 1, 2016
- Breaking News: DOL’s Final Overtime Rule Halted By Texas Federal JudgeNovember 23, 2016