Moses & Singer is nationally known for its experience in financing transactions. Representing financial institutions has been central to the firm's practice since its founding in 1919. Our attorneys have the breadth of experience essential to negotiate, structure, and document highly complex and varied transactions. To provide clients with effective and efficient representation, the banking practice also utilizes the services of virtually every area in the firm, including the bankruptcy, litigation, real estate, trusts and estates, and intellectual property practice groups. For a more comprehensive listing of the wide range of services that we provide to our financial institution clients, please read below.

Lending Transactions

Lending transactions are a principal focus of our banking practice. We are experienced in numerous types of transactions involving the vast array of assets borrowers use as collateral such as accounts receivable, inventory, equipment, real estate, commodities, securities and other investment property, partnership and limited liability company interests, commitments to contribute capital, intellectual property rights, and other intangibles. Our business clients frequently retain the firm when arranging for bank borrowings or other extensions of credit. As a result, our perspective encompasses the concerns of borrowers as well as those of lenders. The lending transactions that we regularly handle include bilateral and syndicated loans.

Syndicated Lending

The firm regularly represents major New York City banks acting as agents in syndicated loan transactions. Firm attorneys work closely with the agent in structuring, documenting, and implementing the transaction, which may be secured or unsecured and may involve letter of credit sub-facilities, swinglines, and multi-currency tranches as well as various pricing options.

Letters of Credit and Credit Support

Several major banks and other financial institutions regularly look to Moses & Singer in complex matters involving letters of credit, including litigation. The firm's clients are issuers of documentary, direct-pay, and standby letters of credit, as well as committed lines of credit, both to provide credit for commercial transactions and to provide credit support and liquidity for a variety of obligations, including IRBs, insurance obligations, asset securitizations, synthetic lease financings, and other structured financings. One of our partners is at the forefront of this area of banking law and was a leader in the recent revision of the Uniform Commercial Code's letter of credit provisions and the drafting of the International Standby Practices (rules for standby letters of credit).

Private Clients Lending

With experience representing both "high net worth" individuals, as well as banks focused on lending to such individuals and their families, we bring a valuable perspective to our representation of the "private clients" group for a number of our bank clients. This area includes not only bank lending to individuals and trusts, but also lending to partnerships and limited liability companies owning closely held businesses or engaged in the practice of a profession. We also have experience with equity swaps, derivatives, and other complex financial instruments and products that banks may provide to their private clients to enable them to diversify their assets, minimize risk, and obtain favorable income and estate tax consequences.

Real Estate Lending

Drawing upon the resources of our real estate practice group, we regularly represent banks and other financial institutions in real estate transactions. Moses & Singer has extensive experience in all aspects of construction and mortgage finance, as well as more focused areas such as economic development bonds, credit enhancement of tax exempt bonds, and collateralization of lease obligations. We have been retained in numerous financings for the hotel and casino industry, multi-family housing, office and mixed-use development projects, and REIT financings.

Intellectual Property Lending

Working together with the firm's nationally prominent intellectual property group, we are uniquely positioned to effectively represent lenders in transactions involving intellectual property and related intangibles. Moses & Singer has significant experience handling financing transactions involving collateral such as trademarks or patents, works of music, writing, or software protected under the federal Copyright Act.

Mezzanine and Venture Capital Financing

Moses & Singer represents lenders, including banks and their venture capital subsidiaries, in financing new or developing businesses and mergers and acquisitions. We also represent lending institutions in mezzanine financing transactions, leveraged buyouts, debtor-in-possession financings, recapitalizations, commercial paper programs, and other structured transactions. We are experienced with the equity participation features, including warrants, and high-yield subordinated debt that are common in these types of transactions.

International Transactions

Moses & Singer lawyers regularly represent lenders, borrowers, trustees, and other parties in cross-border transactions. We frequently address the complex requirements for multi-jurisdictional collateralization and credit support.

Asset Securitization

Our banking attorneys have participated on behalf of lenders and borrowers in the structuring and documentation of asset securitizations including credit card, car and commercial loan receivables.

Corporate Trustees

We counsel banks and trust companies serving as corporate trustees, escrow agents, and collateral agents in connection with the issuance, amendment, and exchange of corporate debt securities and other kinds of financing. Our bankruptcy and banking attorneys have represented indenture trustees and successor trustees in cases where the issuer has defaulted by bankruptcy filing or otherwise.

Derivatives

We are familiar with the structural, regulatory, documentation, and insolvency aspects of derivatives transactions. We regularly deal with a variety of swaps, collars, and similar transactions as part of our finance practice and are familiar with requirements of the master agreements used for these matters. Finally we were actively involved in several bankruptcy cases in which closeout netting and related derivatives issues were central.

Custody and Securities Transfers

Moses & Singer attorneys have extensive experience in the intricacies of securities transfers and pledges as well as in the preparation of broker-dealer clearance agreements, broker-dealer loans, the use of foreign subcustodians, safekeeping and procedural agreements relating to futures and options on futures, credit extensions to mutual funds, and tri-party agreements involving custody of pledged securities, including repo programs. The firm represents agent banks for syndicates extending multi-billion dollar safety-net credit lines and other credit facilities to clearing corporations in accordance with the mandates of government regulators, and has represented a major international bank in the sale of its custody and servicing business to a U.S. bank.

Restructuring and Bankruptcy

Moses & Singer attorneys have extensive experience in all aspects of restructuring and bankruptcy work, including representing official committees, DIP lenders, secured lenders, senior creditors, holders of subordinated debt, lessors, debtors, indenture trustees, and plan funders providing exit financing.

For more information please email us at bankinginfo@mosessinger.com