Banking, Lending & Financial Services

Making or obtaining a commercial loan is not as straightforward as it used to be. The breadth of sources and the complexity of terms for funding business ventures have increased dramatically in the last decade. Both lenders and borrowers need guidance to stay informed about the constantly changing market conditions and availability of options to protect their interests and maximize their flexibility. Axley attorneys can provide that advice.

LENDING

Axley attorneys provide services to lenders in Wisconsin and nationwide, including national and state banks, savings and loan institutions, holding companies and their financial services affiliates, insurance companies, finance companies, credit unions, mortgage banking and brokerage companies, pension funds and other institutional investors. We advise large global and small community-based financial institutions in the context of specific transactions as well as on an on-going basis.

Our experienced lending attorneys are well prepared to handle all aspects of commercial loans, real estate mortgage financings and structured finance transactions, including construction, conduit and permanent financings, syndicated loans, lines of credit, low-income housing and new markets tax credit transactions, intercreditor arrangements, credit enhancement transactions, bond financings, accounts receivable financing, inventory financing and employee stock option plan financing. We also represent lenders in negotiations regarding the sale and acquisition of participation interests in individual loans and loan portfolios, as well as owned real estate (ORE).

Our representation also includes a significant bankruptcy and loan workout practice that advises lenders with loans in financial difficulty, resulting in restructurings, acquisitions and dispositions, auctions, receiverships and other creditor arrangements. Axley’s litigation practice includes representation of lenders against lender liability claims.

Axley attorneys act as Wisconsin local counsel to out-of-state lenders, law firms and investors. This advice may include providing information or legal opinions as to loans secured by property in Wisconsin, coordination with local title companies, commercial or consumer loans made to Wisconsin borrowers or other out-of-state lending operation issues, including doing business, state taxation and regulatory issues.

BORROWING

On the borrowing side, Axley represents borrowers in commercial and asset-based loan transactions, private debt offerings, bond financings and in credit enhancement transactions. We regularly assist developers and contractors in obtaining real estate financing, both for construction and development and for permanent financing.

Client Successes

Some of our past experience in the field.
$26.5 Million Refinance Closing
Attorney Ed Lawton and Attorney Don Murn represented a client in the successful completion of a $26.5 million refinance transaction. The transaction required the client to defease their existing mortgage loan. Attorney Lawton and Attorney Murn dealt with the complex array of loan and defeasance documents on behalf of their client to complete the transactions and also guided the client and the other parties through the complex multi-tier ownership structure that governed the underlying real estate asset.
$300M Multistate Acquisition of Shopping Centers
Acted as purchaser's local counsel in a $300,000,000 multistate acquisition of shopping centers
Underwriter's Counsel in $130M Bond Issuance
Assisted as underwriter's counsel in a $130 million bond issuance by a state authority

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