LENDING

High-Level Practice
Our attorneys advise domestic and foreign banks, insurance companies, and other financial institutions in complex real estate and commercial lending activities.

Real Estate Loans
We represent financial institutions in connection with acquisition, construction and term loans secured by fee and leasehold interests in real estate. We assist lenders making loans on the following types of properties:

• Affordable and market rate residential projects
• Health care facilities
• Office, retail and industrial properties
• Mixed use projects

Through our extensive experience as real estate practitioners, we understand the due diligence issues involved in real estate lending (such as title, survey, zoning, environmental and construction matters), and we assist our lender clients in distinguishing between significant issues and inconsequential details.

Business Lending and Credit Enhancements
We assist banks and other private lending institutions in closing business loans and issuing credit enhancements including:

• Term loans
• Letters of credit
• Revolving credit facilities
• Equipment financings

Public and Quasi-Public Lending
We are leaders in representing Massachusetts public and quasi-public agencies in loans and bond and tax credit financing vehicles to support the affordable housing, social services, educational and other initiatives of nonprofit and for-profit borrowers.

Restructuring Troubled Debt
We handle loan workouts, foreclosures, and renegotiations of troubled loans.

New Markets Tax Credits Lending
We are one of the most active firms practicing in this complex area of finance in New England.

Agency, Participation, and Intercreditor Agreements
We assist lenders in clarifying and documenting their relationships with each other through co-lending agreements, agency agreements, loan participation agreements, and intercreditor agreements.

Local Counsel
We act as local counsel to out-of-state institutions in closing financing transactions in Massachusetts.

Representative Transactions

• Senior construction loans made by national bank for affordable housing projects in Massachusetts and Connecticut which are also financed through subordinate debt, low income housing tax credit equity, and in some cases, historic tax credit equity.
• Loans by national bank to purchaser of apartment projects along the East Coast.
• Multiple loans made by fund established by network of affordable housing providers to facilitate predevelopment work being done by network members.
• Multiple permanent loans for affordable housing projects made by two Massachusetts quasi-public instrumentalities.
• Loan to fund a leverage loan in a New Markets Tax Credit transaction, to finance the acquisition and redevelopment of a former meat factory plant into a fully-equipped shared-use commercial kitchen and business incubator as a multi-tenant food production facility.
• Mortgage loan, line of credit and letter of credit facilities by regional bank to large social service agency.
• Revolving facility loan to be funded by a participant group to finance the acquisition and pre-development costs for real estate projects with an affordable housing component in Detroit, Michigan.
• Loan by national bank to redeveloper of historic state mental health hospital into office, retail and residential mixed use project using historic tax credits.