Practice Areas

Commercial Finance

Major commercial finance clients rely on Sherin and Lodgen for three reasons:

  • Our efficiency. We know what elements of a deal are important to clients. We avoid wasted time and resources--our clients' time and resources along with their customers' and lawyers'. By focusing on the important issues and providing consistent and concise documentation with quick turn-around, we expedite the closing process.
  • Our ability to anticipate. We advise our lenders as to a loan's structure at the beginning of the underwriting phase, as well as develop workout strategies later for troubled loans. We seek to avoid unnecessary legal fees for the lender's customers. We know that satisfied borrowers lead to repeat business for the lender.
  • Our depth. There are over a dozen experienced lawyers on the firm's commercial finance team. Several have over 20 years experience, with additional expertise in environmental, tax, zoning, title and leasing issues. Clients appreciate our attorneys' depth of experience and expertise to help them make sound business judgments.

Our experience representing real estate developers and operating companies of all types makes us more capable, efficient and credible attorneys for our lending clients. Our firm is especially well regarded in the areas of private placements and equity participation and restructuring/workout.

National and local banks, life insurance companies, mezzanine lenders, governmental agencies and other conventional and non-conventional financing sources comprise our principal commercial finance clients. They make permanent and construction real estate loans, issue standby and direct pay letters of credit, purchase tax credits and tax-exempt revenue bonds, undertake sale-leaseback transactions, and make asset-based loans. We represent lenders in connection with loans to finance the acquisition and development of office buildings, office parks, shopping centers, apartment complexes, industrial warehouses, residential subdivisions, residential condominium projects, mixed-use developments, and affordable housing projects qualified for investment tax credits.

In particular, we close:

  • Construction and term real estate loans
  • Commercial loans secured by equipment, inventory and accounts
  • Real estate and commercial lines of credit
  • Bond financings
  • Mezzanine loans
  • Multi-state portfolio loans
  • Syndications and participations
  • Equity financing for divisions of our institutional lender clients which may involve put rights and warrants

These loans may be secured by:

  • Office, retail, industrial and warehouse properties
  • Residential developments, including affordable housing, senior housing, and assisted living projects
  • Condominiums and cooperatives
  • Hotels and resorts
  • Power plants and utility facilities
  • Mixed-use projects, including retail, office and residential properties

Private placements and equity participation

Our financing experience includes assisting clients with raising capital through private placements of stock and debt, joint ventures and other investments. We also represent clients investing in businesses, assisting in their due diligence and helping them better understand the businesses in which they wish to invest or lend. Our experience ranges from start-up financing to venture capital investment.

Restructuring/workout

We have represented lenders in the past three major downturns, during which loans needed to be reworked or liquidated. Our lawyers have enough experience and maturity to know that the business cycle may become longer. We are, however, far from passé.

We have the workout and bankruptcy skills to give our clients the necessary information to select the best strategy for their bottom lines. These strategies may include encouraging a lender's customers to avoid bankruptcy by arguing the merits of an assignment for the benefit of creditors in lieu of a Chapter 7 filing. Or, the circumstances may dictate the need for a receiver to be appointed to preserve the client's collateral against the borrower's inattention or negligent actions. Occasionally, the client must face its borrower's bankruptcy filing. We have lawyers who know how to seek relief from the automatic stay and represent the lender's interests in all aspects of any bankruptcy proceeding.

Representative Experience

  • $33 million package of four loans, both real estate and C & I, to a warehouse-distribution company
  • $38 million real estate loan to a major New England resort
  • $127 million portfolio loan to a real estate developer secured by 41 industrial properties in nine states