Cox, Castle & Nicholson is proud to represent a variety of traditional and nontraditional lenders, including banks, insurance companies, pension funds, finance companies, mortgage bankers, and private investment funds in the financing of real property, businesses, receivables, and other assets. Our finance capabilities are all-encompassing and include the initial structuring and closing of finance transactions, loan administration, workouts, and loan restructures.
We represent lenders in all parts of the capital stack in acquisition, development, construction, bridge and permanent loan transactions. With a dedicated group of attorneys, we routinely represent real estate secured lenders, agricultural lenders, personal property asset based lenders and mezzanine lenders. In addition, we commonly represent administrative agents, servicers, participants and syndicate lenders, both in the borrower lender relationship and in the intercreditor relationships, and, as a result, we typically draft and negotiate a variety of intercreditor, participation, and loan syndication agreements.
The breadth of our financing engagements is not limited by property type or asset class. We have been involved in numerous fee and ground lease financings of residential, resort, hospitality, industrial, commercial, agricultural, retail projects and shopping centers, office buildings, hotels, apartment buildings, industrial parks, congregate care and seniors facilities, condominiums, planned unit developments and vacation ownership, and mixed-use projects. We also assist clients with asset-based financing involving collateral such as stock, accounts receivable, inventory, equipment, crops, general intangibles, and entity ownership interests. Often our financing transactions involve both real and personal property. We also have extensive experience with multiple borrower, cross-collateralized, and multi-state transactions.
We are particularly knowledgeable concerning the California antideficiency and "one action" statutes applicable to real estate secured loans and the special considerations applicable to loans secured by a combination of real and personal property, as well as the unique issues that arise under revised Article 9 of the Uniform Commercial Code. Our attorneys have extensive experience in dealing with issues related to real and personal property collateral that are fundamental to a lender’s underwriting or a developer’s ability to qualify for a loan. We also are particularly knowledgeable in the various options and risks associated with different types of guarantees and surety devices, so as to guide the client on the best available structure to accomplish the stated goal. As we often represent out of state or start up lenders, we are commonly asked to assist on obtaining appropriate licensing for our clients.