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Overview

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.

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