David Kelley 612.335.1670e-mail| vCard
Donald J. Kirkpatrick 816.691.2409e-mail| vCard
Attorneys in Stinson Leonard Street's Commercial Lending practice advise lenders and borrowers on the full range of financing techniques and lending issues, on both the commercial and consumer sides of financial institutions, and we structure and document commercial credit transactions in a broad range of industries. Our attorneys also have experience dealing with unique collateral, such as aircraft, ships, barges, railcars, government receivables, agricultural commodities and intellectual property.
Stinson Leonard Street attorneys advise lenders regarding the creation, attachment, perfection and priority of consensual security interests, and statutory and common law liens that may impact the priority or enforcement of the lender's consensual security interest. We counsel lenders regarding the impact of Revised Article 9 of the Uniform Commercial Code (UCC) on existing and new credit relationships. There is a natural overlap between traditional credit transactions and financial hedging transactions. We regularly advise borrowers with respect to interest rate swaps relating to their credit facilities. We also have experience in advising our clients with respect to currency exchange agreements. When credits deteriorate, we represent lenders in the enforcement of creditors' rights following defaults and in workouts and bankruptcy proceedings. We also represent debtors and creditors in bank, thrift and insurance company conservatorship and receivership proceedings. SCOPE OF SERVICE Our experience in commercial lending has given us in-depth knowledge of: Commercial and industrial loans Asset-based financing Agribusiness financing Documenting commercial loans (on a single bank, club and syndicated basis) Loan participations (including FASB issues) Securitizations (A/R, CMBS and others) Letters of credit/credit enhancement transactions Dealer paper programs State-by-state licensing and compliance issues Credit cards and open-end credit products Small-dollar and specialty credit programs Review of loan documentation software and forms Bankruptcy and Creditors’ Rights Article 9 of the UCC Lender liability Collection and enforcement actions Loan restructuring and workouts Bankruptcy Debtor-in-possession financing Conservatorship and receivership (banks and insurance companies) Representative Borrower Experience Represented a lender in connection with a $45 million term loan to the owner of a professional sports franchise Represented a lender in connection with a $28 million term loan to a private company in the beverage distributorship industry Represented a lender in connection with a $15 million credit facility to a private company in the packaging business Represented a private equity firm in connection with its leveraged buyout of a private company in the equipment manufacturing industry Represented a private equity firm in connection with its leveraged buyout of a private company in the trucking industry Represented an energy services company in connection with a $1.2 billion syndicated credit facility Represented a railroad company and its foreign subsidiaries in connection with an $820 million syndicated credit facility Represented a transportation company in connection with a $750 million secured credit agreement Represented maintenance services provider in connection with a $70 million secured credit agreement, along with a follow-on $23.75 million term loan (January and October 2011) Represented a global electronic payments provider in connection with a $355 million secured credit agreement Represented a transportation company in connection with a $425 million secured credit agreement Represented an agribusiness company in connection with a $114 million secured credit agreement Served as counsel to a transportation company in connection with a $100 million secured credit agreement OF NOTE A key attorney in Stinson Leonard Street's Banking and Financial Services practice is Barkley Clark, who is recognized across the United States for his proficiency in commercial lending and Articles 3, 4, 4A, 5 and 9 of the Uniform Commercial Code (UCC). He is a well-known author or co-author of treatises such as The Law of Secured Transactions under the UCC, Truth in Savings and Regulation CC, Compliance Guide to Payment Systems, and Clarks’ Guide to Electronic Check Collection. In 2012, he received the Senator William Proxmire Lifetime Achievement Award from the American College of Consumer Financial Services.
Stinson Leonard Street attorneys advise lenders regarding the creation, attachment, perfection and priority of consensual security interests, and statutory and common law liens that may impact the priority or enforcement of the lender's consensual security interest. We counsel lenders regarding the impact of Revised Article 9 of the Uniform Commercial Code (UCC) on existing and new credit relationships.
There is a natural overlap between traditional credit transactions and financial hedging transactions. We regularly advise borrowers with respect to interest rate swaps relating to their credit facilities. We also have experience in advising our clients with respect to currency exchange agreements.
When credits deteriorate, we represent lenders in the enforcement of creditors' rights following defaults and in workouts and bankruptcy proceedings. We also represent debtors and creditors in bank, thrift and insurance company conservatorship and receivership proceedings.
Our experience in commercial lending has given us in-depth knowledge of:
A key attorney in Stinson Leonard Street's Banking and Financial Services practice is Barkley Clark, who is recognized across the United States for his proficiency in commercial lending and Articles 3, 4, 4A, 5 and 9 of the Uniform Commercial Code (UCC). He is a well-known author or co-author of treatises such as The Law of Secured Transactions under the UCC, Truth in Savings and Regulation CC, Compliance Guide to Payment Systems, and Clarks’ Guide to Electronic Check Collection. In 2012, he received the Senator William Proxmire Lifetime Achievement Award from the American College of Consumer Financial Services.