Financing and Credit Agreements

Our firm’s experience in negotiating and drafting documentation for international banking transactions includes syndicated loans, revolving credit, secured loans, project financing, finance leases and documentation for the sale and leaseback of assets.

Examples of Matters Relating to Loan Documentation :

• Advice and preparation of documentation for a wide range of collateral security mechanisms such as guarantees, assignments of debt and pledges of movable property, in U.S., French, and Asian jurisdictions in connection with various asset-based financing arrangements.
• Representation of a leading European airline in connection with the transfer of French debt instruments upon acquisition of over fifty passenger aircraft, with respect to (i) agreements for bridge financing, unwinding bridge financing, GIE (French economic interest grouping) funding of aircraft, implementation of long-term financing, purchase of aircraft and interest exchange (documentation among lending banks, regional development authorities and borrower with respect to syndicated loans and credit facilities); (ii) related security documentation (assignments, guarantees, guarantee and other security delegations, delegations of payments, currency deposit agreements, purchase option assignments, mortgages) and documentation for registration of first and subsequent ranking mortgages with French authorities; and (iii) legal opinions as to syndicated aircraft finance and as to the structure of multi-tiered finance-lease arrangements for financing aircraft with Asian and European funds, through subsidiaries of several airline companies and financial institutions.
• Representation of a U.S. bank in connection with a 30 million U.S. dollar syndicated loan to finance an office-tower real-estate project.
• Preparation of an English-language legal opinion on French banking regulations for submission to a U.S. State agency, to demonstrate reciprocity in connection with a French bank's application to open a branch in that State.
• Advice with respect to the rights of a middle-sized French bank and to those of the U.S. bank with whom it had entered into a co-financing agreement in a multimillion U.S. dollar short-term loan it had extended to a Malaysian company.
• Preparation of first-demand bank guarantees on behalf of a Saudi bank.
• Representation of a U.S. bank and preparation of loan documentation for multi-currency credit agreements and revolving credit facilities.
• Negotiation and drafting for a U. S. bank of an Indonesian rupiah draft purchase agreement to finance an automobile dealership.
• Refinancing of a paper mill's multimillion-dollar debt by a Bangkok-based financial institution.
• Representation of a French financial institution providing finance for the acquisition of an oil tanker, including taking of mortgage over the oil tanker under Liberian law.
• Oral presentation on arbitration provisions in financial agreements involving developing economies at UNITAR training sessions in Almaty, Kazakhstan and in Bishkek, Kyrgyzstan on "Legal Aspects of Debt, Economic and Financial Management" presented for high-ranking officials from government finance and other economic-related ministries and central banks of Azerbaijan, Kyrgyzstan, Mongolia, Uzbekistan and Turkmenistan.
• Advice to a Luxembourg banking corporation in connection with the applicability in Asia of the concept of "fiduciary agreement" as known under Luxembourg law, and the preparation of required documentation.
• Replacement of a joint and several guarantee initially granted by the parent of the previous owner of an acquired company to the finance lessors of a regional manufacturing facility.
• Preparation of an English-language legal opinion on French banking regulations for submission to a U.S. State agency, to demonstrate reciprocity in connection with a French bank's application to open a branch in that State.
• Audit of financial documentation of 65 aircraft and related security documenaton in connection with the acquisition of those 65 aircraft by the major English carrier.