Commercial Finance

At Davis|Kuelthau, each unique commercial finance transaction requires thoughtful planning and counsel. Our attorneys take a creative approach to representing institutional lenders and borrowers in sophisticated commercial loan transactions and other credit facilities. Our clients include many leading banks, national life insurance companies, residential, retail, office and medical facility real estate developers; and privately held and publicly traded companies with annual revenues from $1 million to $250 million and more.

By understanding the business and goals of our clients we ensure that their 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. 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.

Secured and Unsecured Financing

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

• 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

Bond Financing

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.

Loan Restructuring and Workouts

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.

How D|K Can Help:

• Commercial Contracting: technology and license contracting, software.
• Corporate Transactions:  debt and equity offerings – public and private, M&A, joint ventures, strategic transactions.
• Labor and Employment: HR infrastructure and documentation, benefits and compensation, training, investigations, and compliance.
• Financial: securities, foreclosures, loan agreements, assets.
• Dispute Resolution:  director and officer insurance, commercial litigation, pre-litigation management.