Davis & Kuelthau | Attorneys at Law

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Commercial Finance

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Our commercial finance attorneys regularly counsel and represent institutional lenders and borrowers in sophisticated commercial loan transactions and other credit facilities. Our clients include many of the leading banks in Wisconsin; national life insurance companies; regional and national residential, retail, office and medical facility real estate developers; and privately held and publicly traded companies with annual revenues ranging from $1 million to $250 million and more.

At Davis & Kuelthau, we make it our business to understand the business of our clients and their goals. By understanding their businesses, we ensure that our clients’ experiences with the commercial finance process are smooth, efficient and cost-effective from initial negotiations to closing and throughout the life of the credit facility. At the same time, we remain focused on managing and controlling the unique set of risks facing each of our clients involved in the commercial finance process. Our goal is simple -- provide value throughout the commercial finance process by facilitating the orderly completion of transactions while at the same time mitigating our clients’ risks.

Our commercial finance services include negotiating, structuring and documenting secured and unsecured financing transactions involving both personal and real property.

Services

  • working capital and revolving credit loans
  • term and convertible term facilities
  • construction loans
  • commercial real estate loans
  • commercial paper and letter-of-credit facilities
  • syndications and participations
  • leveraged buy-outs
  • interest rate swaps and other derivative transactions

In addition to conventional commercial financing, we represent underwriters, investment banks, letter of credit providers and borrowers in connection with the issuance of tax-exempt and taxable bonds by state and municipal issuers for general government purposes or on behalf of 501(c)(3) entities and other borrowers.

As part of our commitment to assist clients, we also provide assistance to creditors when loans become troubled. Our attorneys have substantial experience in restructuring problem loans, negotiating workouts, and enforcing of creditors’ rights and remedies through foreclosures, replevins, receiverships, non-judicial sale of collateral and bankruptcies.

For more information about our Commercial Finance Team, please contact Cynthia Fletcher at cfletcher@dkattorneys.com or 414.225.1415.

Attorneys' Notable Representations

  • Ulatowski

    Adrian T. Ulatowski

    In the area of commercial finance, Adrian prepared commercial finance documents for a local commercial lender for its client, who was acquiring a business in Michigan as well as additional real estate for a satellite location. Engagement involved the preparation and negotiation of terms and conditions of a credit facility for the benefit of the customer and required review of acquisition documents, real estate documents, real estate entities, title work, surveys and the preparation of security documents for purposes of liens on the real estate and appropriate lease assignments to provide commercial lender its required collateral.

  • Fletcher

    Cynthia G. Fletcher

    Cynthia recently represented a special purpose acquisition company in acquiring a nationally branded business, with all of its financing related issues, including the negotiation, documentation and closing of its $120 million first lien credit facility and $40 million second lien credit facility.

  • Fiducci

    Scott E. Fiducci

    Scott assisted bulk terminal owners in the $35 Million tax free and taxable sale to a NYSE listed energy company.

  • Tierney

    Joseph E. Tierney IV

    Joe represented a national lender with respect to a $30,000,000 financing of two office properties in Brookfield, Wisconsin, one of which was a 30+ member tenancy in common. The engagement included due diligence for all entities, preparation and negotiation of loan documents, and closing.

    He also represented the lender with respect to the $42,000,000 financing of condominium development in Nashville, TN. The financing involved multiple lenders, development agreements, and tiered entities with waterfall distributions and development issues.

  • LONG

    Russell S. Long

    Rusty recently completed a number of commercial foreclosures on various real estate developments for M&I Marshall & Ilsley Bank in connection with a $100 million credit to Heritage Development.

  • Rohan

    Thomas V. Rohan

    Tom typically represents a number of local banks in workout of defaulted loans, and recently had success in collection of a $20,000,000 development loan without the need for a lawsuit.

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