Commercial Finance

Working collaboratively with our clients who provide debt financing to support businesses that range from large, publicly-traded companies to small, venture and private-equity-backed, privately-run companies

Our Commercial Finance group is an integral component of our firm’s institutional practice. We regularly represent many major lenders in Boston, New York, Chicago, Miami, and across the country. We work collaboratively with our clients who provide debt financing to support businesses that range from large, publicly-traded companies to small, venture and private equity- backed, privately-run companies.  Our clients include major institutional domestic and international lenders, middle market and regional lenders, alternative lenders, and public and private lenders.  

Many of our clients are market leaders who address unique underwriting challenges, including intercreditor arrangements with first lien/second lien, split collateral, and first in/last out structures, and agreements among lenders in unitranche and other facilities.  As a result, we have the experience to develop specifically-tailored approaches for our clients. In addition to structuring and documenting loans and other financing arrangements, we also manage workouts and restructurings, and maintain a particular expertise in the intricacies of debtor-in-possession financing in bankruptcy courts across the country.

Riemer & Braunstein provides a practical and cost-effective approach to commercial finance transactions, and our efficient, business-oriented process is a benefit to our clients in a highly competitive lending market.  We strive to collaborate with the other stakeholders in lending transactions, working closely with the borrowers and their counsel, co-lenders, private equity sponsors, venture capital investors, and other parties. We work with third-party financial and restructuring advisors, auditors, and collateral appraisers in an integrated approach to maximize asset value and recovery for our clients.  In addition, we seamlessly integrate our colleagues in our other departments when transactions require their specific expertise, such as real estate finance, litigation, restructuring, and bankruptcy.  We also provide advice to our clients when needed with respect to ERISA, tax, and intellectual property issues.

In the early stages of any transaction, we assist clients with the identification and analysis of risks and mitigants, and provide practical guidance on structuring each facility based on each lender’s underwriting, risk appetite, and our view of the market. We offer a unique ability to handle troubled debt financings in our commercial finance practice, and our attorneys continue to manage these credits through restructurings and beyond, including the preservation and/or enforcement of creditors’ rights and remedies.  In circumstances necessitating more formal remedial action, we work with our colleagues in the bankruptcy and litigation departments to devise and implement a plan for our clients to enforce their rights and remedies. 

Sectors

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Our clients provide financing to borrowers across a range of industries that include high- tech, life sciences, fund finance, manufacturing, retail, and venture lending.  Our relationships are well developed on both sides of our client’s transactions, and we are regularly selected to serve as the lender’s counsel. As a result, our Commercial Finance Practice attorneys have extensive experience in a broad range of loan and other related transactions, such as:

  • Acquisition financing
  • Traditional and non-traditional asset-based lending
  • Cash flow and enterprise value lending
  • SaaS and other revenue-based lending
  • Debtor-in-Possession financing and emergence facilities
  • Equipment leasing and financing
  • Export/Import financing transactions
  • Fund financing
  • High-tech lending
  • Leveraged buyout lending
  • Life sciences lending
  • Retail financing
  • Secured and unsecured credit facilities
  • Sports lending
  • Factoring and receivables finance
  • Mezzanine financing
  • Early stage/venture debt 

Representative Transactions

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Clients have engaged Riemer & Braunstein to handle diverse transactions such as the following: 

  • Multi-lender, syndicated facilities to domestic and international retailers
  • Cross-border sub-facilities incidental to domestic loan arrangements
  • Cash flow financing for cutting edge and early stage technology firms
  • First lien revolving facilities with second lien FILO tranches
  • Restructurings, including Debtor-in-Possession facilities on behalf of borrowers, plan sponsors, and the subsequent emergence facilities effectuating corporate acquisitions
  • Workouts and litigation enforcing creditors’ rights and remedies
  • Venture debt and term loan facilities to technology and life science companies

Contact

 

Donald E. Rothman
(617) 880-3556
drothman@riemerlaw.com 

 

Kevin M. Murtagh
(617) 880-3437
kmurtagh@riemerlaw.com