Commercial Lending

Sutin, Thayer & Browne provides a full range of legal services to commercial lenders and borrowers. We have represented lenders in most major types of syndicated and single-bank credit facilities, project and acquisition financings, asset-based loans, reorganizations and workouts and credit enhancement devices. From regulatory advice and loan documentation to foreclosure and defense of lender liability claims, we offer a comprehensive approach to the needs of our commercial lending clients.

  • We coordinated representation of the lead lender in a $60 million real estate secured transaction. The transaction was financed using a combination of a multi-participant construction and mini-perm loan, a financial contribution from the Fortune 500 Company tenant, industrial revenue bonds, and state appropriations funded through New Mexico’s Local Economic Development Act. Specifically, our work included preparation and negotiation of participation agreements and loan documents; review of the build-to-suit lease and industrial revenue bond lease; negotiation of SNDAs; preparation and negotiation of loan documents; review of the title commitment and exception documents, surveys, phase I environmental assessments, and zoning and entitlement information.
  • We represent a farm credit bank in the restructuring of real estate secured and working capital loans. Our work includes reviewing loan files, preparing reports to the lender, identifying deficiencies in the loan documents and collateral position and suggesting ways to address the deficiencies; issuing opinions as to the priority of the lender’s security interests; and preparing and negotiating restructuring agreements and other loan documents.
  • We represented a lender in evaluating development rights and water rights in light of possible foreclosure on real estate assets securing a $946 million line of credit. Specifically, we evaluated what development rights, contractual rights with governmental agencies, and water rights it could foreclose on, what consents might be needed, and what to expect in public or governmental approval processes.