Banking and Finance

Kean Miller works with many of the most prominent financial institutions in the South.  Our banking and finance team has substantial experience drafting and negotiating complex commercial contracts.  We also represent lenders and borrowers in extensions of credit, and lessors, lessees and participants in lease financings, and advise companies in connection with their compliance with federal and state corporate and securities laws. Kean Miller has a long history of representing banks, financial institutions, insurance companies and public and private concerns in local and national lending and financial investment activities. Our expertise and know-how enables us to handle all aspects of the structure, negotiation and closing of debt and equity financing investments in a timely and cost-effective manner.

Kean Miller is uniquely qualified to handle the highest level of bankruptcy, business reorganization and commercial litigation for today’s sophisticated financial institutions.  Our lawyers also assist clients with loan workouts, commercial foreclosures, and bank regulatory matters.  

Representative Lender Experience:

  • Representation of a major bank in closing mortgage financing for a fleet of barges.
  • Representation of a regional bank in drafting agreements and documents, and closing two multi-million dollar credit facilities for a major new customer of the bank.
  • Representation of a financial institution in connection with the acquisition of land and the proposed construction by its borrower of a multi-million dollar nursing home. 
  • Representation of a regional bank in connection with loan involving refinancing of nursing home and construction of rehabilitation facility.
  • Representation of lenders in numerous financings of apartment complexes, car dealerships, hotels, medical facilities, office buildings, and shopping centers.
  • Representation of lenders in a wide variety of working capital lines of credit.
  • Issuance of numerous enforceability opinions supporting major finance market transactions as high as $3.7 billion.
  • Representation of lenders in multiple project finance transactions, including industrial production facilities, power plants, and LNG facilities.
  • Representation of regional financial institution in connection with $9 million construction loan for the construction of a first class Planned Unit Development containing town-homes and amenities.
  • Representation of a bank in a $5 million asset-based loan made to a company acquiring a scaffolding business, which loan involved multiple creditors and subordinations.
  • Representation of a financial institution in a mineral-based loan to an oil and gas exploration company.
  • Representation of a bank in a series of loans to finance companies for operating capital.
  • Representation of a bank in a mineral-based loan to an individual with oil and gas interests.
  • Representation of numerous sellers and purchasers of businesses in which seller financing was involved.
  • Representation of regional bank in connection with refinancing of a bond financing with permanent term loan facility for a medical office building.
  • Issuance of closing opinion letters to numerous lenders in various complex multi-state loan transactions.
  • Issuance of numerous enforceability opinions to lenders in various real estate acquisitions for loan amounts ranging from several million to hundreds of millions of dollars.

Representative Borrower Experience:
  • Representation of a national borrower in its financial activities beginning with local bank loans, moving to a national credit agreement of $60 million which has expanded to $1.25 billion and continuing with senior secured subordinated indentures in the multimillions.
  • Representation of a national borrower in refinancing of a $550 million term loan indebtedness. 
  • Representation of a borrower in connection with a $50 million revolving line of credit secured by receivables of borrower.
  • Representation as corporate counsel for numerous clients in providing opinions to support secured or unsecured financing activities.
  • Representation of a borrower in a $10 million plus asset-based loan financing for a pipe fabrication company.
  • Representation of a borrower in a $2 million construction loan to expand existing facility.
  • Representation of a borrower in a $5 million plus real estate based loan made to a company acquiring a chemical company.
  • Representation of a borrower in a $1 million plus SBA asset-based loan to an industrial door supply company in connection with the acquisition of the business and for operating purposes.
  • Representation of a borrower in a $2 million plus real estate based loan made to a used car dealer for the acquisition of a new location.

Representative Intellectual Property Experience:

  • Representation of a bank in performing intellectual property due diligence in a loan for purchase of an oilfield construction company.

General Areas of Expertise:
  • Business and corporate finance
  • Project finance
  • Equipment leasing
  • Commercial loan documentation and closing
  • Real estate lending
  • Collections
  • Corporate bankruptcy
  • Asset-based lending
  • Loan restructuring and workouts
  • Lender liability