Foster Garvey’s Securities & Finance team offers deep experience in connection with the structure, negotiation and documentation of various forms of debt financing transactions. We frequently act on behalf of foreign and domestic financial institutions and other specialized lenders. We also regularly represent as borrowers technology and industrial businesses, real estate developers, shipping and fishing industry companies, radio and television stations, and Native American tribes.
In addition, we have extensive experience with senior, mezzanine and subordinated term and revolving credit facilities — whether extended by single lenders or loan syndicates — including multicurrency credit facilities and letter of credit subfacilities. We often handle cross-border secured transaction financings, many of which are connected with cross-border corporate acquisitions.
We have represented borrowers and lenders in a variety of business contexts including large financings secured by various forms of collateral; equity-linked credit facilities for venture-backed start-ups; financings of leveraged acquisitions; office buildings and shopping centers; and financings under the U.S. Maritime Administration Title XI program.
Our attorneys have represented financial institutions and their holding companies in the issuance of common stock, preferred stock, subordinated capital notes, and medium term notes, as well as more exotic securities, including mortgage pass-through certificates, mortgage-backed securities and bonds, collateral mortgage obligations, and convertible instruments. We are also familiar with the negotiation and documentation of interest rate swaps and other interest rate risk management tools. We have handled offerings ranging from publicly underwritten and registered offerings to private placements.
In economically challenging times we offer a wide range of experience in debt restructuring in many business sectors, including assisting lenders in dealing with borrowers that have filed Chapter 11 bankruptcy proceedings and in restructuring pre-petition debt to implement bankruptcy plans of reorganization.
News & Events
- New U.S. Law on Foreign Investment Further Complicates Future Chinese Investments in the United StatesCross Border Business Law Blog, 8.13.18
- Cross Border Business Law Blog, 4.24.15
- "The Litigation Aftermath of Aequitas Capital Management," Oregon State Bar Securities Regulation Section CLEPanel DiscussionVirtual Event, 10.7.20
- WebinarVirtual Event, 4.7.20
- Panel DiscussionWebinar, 12.12.19
- "Structuring and Protecting Business Investments in the United States," (for Asian investors), Globalaw Annual Members Meeting 2018Panel discussionDallas, TX, 10.24-27, 2018
- “SEC Enforcement,” NABL 10th Annual Tax & Securities Law InstitutePanel discussion3.12
- "Bonds and Debt Issuance,” Eastern Washington Finance Officers Association Spring MeetingSpeaking engagement5.11
- “SEC Enforcement,” National Association of Bond Lawyers: 9th Annual Tax Securities Law InstituteSpeaking engagement3.11
- “Got Capital Bank Case Study - Safety and Soundness Risk Management," 2010 Bankers BriefingPanel discussion5.10
- “SEC Enforcement,” National Association of Bond Lawyers 8th Annual Tax Securities Law InstitutePanel discussion2.10
- “Finding the Right Financing,” Law Seminars International Tribal Tax Planning & Partnership Structures Conference, February 2010Panel discussion2.10
- “Economic Development Bonds and the Federal Stimulus Package: Effects on Tribal Financing,” Third Annual Native American Economic Development ConferencePanel discussion9.09
- "101 Things (or at least the top 10) to Consider When Borrowing Money - A Bond Lawyer's Perspective,” Association of Public Treasurers in the United States and Canada, 44th Annual APT US&C ConferenceSpeaking engagement7.09
- “FDIC Resolution and Bidding Process,” 2009 Bankers BriefingPanelist discussion5.09
- “Current Disclosure Issues In Primary Offerings,” NABL 2009 Tax & Securities Law Institute, March 2009Speaking engagement3.09
- “The Continuing Credit Crisis: Legal and Accounting Issues That Impact Financial Obligations,” Insurance Coverage for Subprime Lending LossesSpeaking engagement6.08
- “Navigating the Credit Crisis," Responsibilities of Originators, Sponsors and ServicersSpeaking engagement3.08
- “LIHTC Transactions in Indian Country,” National Business Institute's: The Attorney's Guide to Low-Income Housing Tax Credits CLESpeaking engagement2.08
- “Update on SEC Enforcement Actions in the Municipal Markets,” National Association of Bond Lawyers 6th Annual Tax Securities Law Institute CLEPanel discussion2.08
- ABS East ConferenceSpeaking engagement2.05
- “Tribal Financing in the New Millennium: Traditional Borrowing, Bond Finance & Conduit Financing,” Washington State Bar Association's Indian Law Section 16th Annual Indian Law CLESpeaking engagement5.04
- “Securities Law Hot Topics,” National Association of Bond Lawyers' Second Annual Tax Securities Law InstitutePanel discussion2.04
- RMA Portland Metro Chapter, 5.7.20
- RMA Portland Metro Chapter, 2.27.20
- Puget Sound Business Journal, 7.27.18
- Tax Increment Financing: Why It Isn't Working HereSeattle Daily Journal of Commerce, 10.03
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