Increasingly, businesses which need to obtain working capital or invest in equipment are using asset-based and receivables finance to raise funds in an affordable and secure way. Financiers also favour such facilities because they provide a clear asset-base upon which to recover their investment in the event of default.
Whether you are a business raising funding or a financier providing it, you need to understand the legal and commercial issues commonly involved in these facilities, as well as the relevant tax and accounting issues.
We advise major asset-based and receivables financiers in their provision of factoring and discounting, as well as companies seeking facilities from such financiers. From drafting facility and security documents to advising on the proposed purchase of specific debt types and funding of specific assets, our advice is rigorous but pragmatic. We also advise financiers who are funding transactions such as MBOs, MBIs and other corporate transactions, who need to take recovery action or whose clients enter into a formal or informal insolvency process (including restructuring).
For further information or to discuss a matter please telephone 020 3319 3700 or click here to email us.
The management of assets can befraught with complications. We help ourclients by drafting and negotiating technical and commercial managementagreements to safeguard the process and advise on all related contractual arrangements.
Our strong finance and corporate teams are well adept to working with clients on all aspects of the sale, purchase and financing of private and business assets. We have particular expertise in the aviation and shipping sectors (both in the commercial and private sphere), rail and equipment.
With a wealth of experience working with clients in the asset finance sector, we understand the importance of consumer credit to both businesses and financiers. We regularly draft regulated and unregulated arrangements and related security for both.
Finance documentation is often full of legal jargon. We are fully aware of the frustrations felt by our clients in this area and work closely with businesses and financiers on the drafting of all types of contractual arrangements for both new build and existing assets. We are also on hand to deal with any contractual enforcement advice if required.
The drafting of arrangements that relate and often dictate the relationship between different classes of creditors can be complicated. We work in tandem with our clients to ensure that the drafting of inter-creditor and ranking arrangements best suit their needs and take care of all aspects including formation, registration, deed of priorities, subordinated security, ranking enforcement and release.
Sally is a Manx Advocate whose practice includes a broad variety of Isle of Man (IoM) corporate and structured finance work with a particular emphasis on UK commercial real estate (CRE). Her client base comprises special opportunity funds and high-net-worth individuals investing in London and the South East, as well as regional assets across a range of asset classes.
Leigh is an experienced international lawyer. Having spent many years as a leader and partner in leading international law firms, as well as in-house, his client portfolio comprises governments, companies and high-net-worth individuals on matters involving international development and project finance, production supply ventures, and commercial and compliance issues.
Simon is a banking and finance lawyer with around twenty years’ experience in advising lenders and borrowers on traditional lending, structured finance, and real estate finance matters. He has particular expertise in non-traditional financing methods including offshore lending structures.
Philip is a finance and insolvency lawyer with considerable experience dealing with the Asset Based Lending (“ABL”) market.
Geoff is a Manx Advocate with a practice that includes a wide range of Isle of Man corporate and structured finance work. He has particular experience in advising lenders, investors and developers in the UK and European commercial real estate sector, and in recent years has advised upon many high-profile CRE transactions for blue chip clients relating to prime assets (mainly located in London).
Colin is a skilled banking and finance solicitor, who specialises in corporate banking, acquisition and leveraged finance, property and development finance, and security documentation. He is experienced in advising a wide range of clients including both UK and US banks, building societies, institutional investors, and public and private companies.