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Secured Lending

Vorys attorneys represent commercial banks, financial institutions, and institutional lenders in all types of secured lending transactions.  Our representation includes secured credit facilities, note purchase facilities, real estate financing, development and construction financing, asset-based lending, second lien and mezzanine financing, receivables financing and factoring, debtor-in-possession financing, leveraged cash flow and investment grade financings, and loan restructurings and workouts.  We also provide counsel in related finance matters, including letters of credit and other credit enhancements, intercreditor and subordination matters, and creditors’ rights issues. 

Vorys is also well known for our representation of public and private borrowers in a wide variety of secured financings.  We negotiate, prepare, and review numerous forms of loan and financing documentation, including working capital and acquisition loans, private placements, and cross-border facilities providing for multi-currency borrowing options and the global pledging of collateral security.  We work closely with the firm’s tax, real estate, environmental and intellectual property attorneys to provide in-depth counsel and advice on all aspects of secured financing transactions.

Vorys advises on all aspects of personal property law, with special emphasis on issues that arise under Article 9 (secured transactions) and Article 8 (investment securities) of the Uniform Commercial Code (UCC).  We provide analysis and counsel on structuring collateral packages in all types of financing transactions, as well as on the exercise of rights and remedies under the UCC.  We regularly perform legal audits for our clients to determine the validity and status of a secured party’s security interest, and negotiate and issue legal opinions with respect to the creation and perfection of liens on all types of personal property collateral.