Cox, Castle & Nicholson is actively involved in all facets of capital market transactions. We have a broad depth of experience in representing borrowers in loan originations, loan servicing and asset management matters, and workouts. We also are proud to represent a variety of traditional and nontraditional lenders, including banks, insurance companies, pension funds, finance companies, mortgage bankers, and private investment funds in the financing of real property, businesses, receivables, and other assets. Our finance capabilities are all-encompassing and include the initial structuring and closing of finance transactions, loan administration, workouts, and loan restructures.
Borrower Representation In Financing And Asset Management
Securing debt for a real estate opportunity or project is a process that requires a solid team. Our capital markets attorneys are an instrumental part of that team. We understand the financial markets and have unparalleled experience counseling our clients throughout that process to help them plan, negotiate, and accomplish their financing objectives. We routinely represent owners, developers, REITs, investment funds, institutional investors and entrepreneurs in all forms of secured and unsecured debt financings for all types of commercial real estate, including acquisition and development loans, permanent and bridge loans, construction loans, conduit loans, credit facilities, syndicated loans, ground lease financing, mezzanine financing, and joint ventures. Our experience over product types is similarly broad, covering raw land, residential and master planned communities, condominium, multifamily, hospitality, office (including specialty products such as medical office), and retail. Once the financing is in place, we also assist our clients in asset management and responding to the needs of lenders, loan servicers, and joint venture partners.
Loan Modifications And Workouts
Our attorneys are well-versed in all forms of workouts and loan modifications, from simple maturity extensions to complex debt restructuring and project recapitalization. We represent both borrowers and lenders in loan modifications, workouts, note splits, note purchases, discounted pay-offs, and deeds-in-lieu of foreclosure. Negotiating with or on behalf of borrowers, lenders, note holders, and loan servicers, we work with our clients to preserve the value of distressed assets and protect their investment.
Our capital markets attorneys represent a wide array of senior lenders, B Note buyers and mezzanine lenders. Our core capital market attorneys routinely represent various lenders in senior loan originations, senior loan syndications, senior loan participations (both pari passu and subordinated), and mezzanine loan originations. Often such transactions involve structured finance, consisting of tiers of senior and subordinate financing, with the subordinate debt typically taking the form of mezzanine loans or B Notes. Our high level of sophistication in such structured finance transactions (both in a CMBS securitized context and in portfolio lending transactions) stems from our deep and well-rounded understanding of the objectives of, and risks to, each of the parties to such transactions. Our expertise allows us to draft, negotiate, and interpret intercreditor agreements, co-lending agreements, pooling and servicing agreements, and senior and subordinate loan documentation in such transactions so as to promote and protect the interests of our client (whether our client is the senior lender, subordinate lender, or borrower) while comprehending and, where appropriate, accommodating the needs of the other parties. We regularly advise clients pursuing, or defending against, loan-to-own and know the ins and outs of "tranche warfare" (battles between senior and subordinate lenders for control of creditor rights and remedies).