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Banking and Finance

Our clients in the banking and finance industries include banks, credit unions, finance companies, insurance companies, loan servicers, and factoring companies.  Our borrower representation spans a broad range of businesses and industries including agriculture, nurseries, wineries, timber, food processing, health care (including long-term care facilities), technology, hotels and resorts, restaurants, and real estate investment and development (including apartments, subdivisions, condominiums, affordable housing, office buildings, retail centers, and other commercial and industrial properties). 

As lenders' counsel, we have significant expertise covering the full life cycle of financial transactions including loan origination and documentation, loan servicing and modifications, workouts, collection and enforcement litigation, receiverships, and creditor rights in bankruptcy. 

In the area of loan origination and documentation, our attorneys have broad experience with documenting revolving lines of credit, construction and term loans, letters of credit and credit enhancements, swap and derivative transactions, factoring, debtor-in-possession financing, equipment financing, and sale and leaseback transactions.  Our  loan origination and documentation experience includes both asset-backed and real property secured lending transactions, including loans collateralized by accounts receivable, inventory, agricultural products, personal property, intellectual property, and many types of real property (including multi-family residential, commercial, industrial, mixed use, raw land, hotels, and resorts).

Our attorneys' experience with loan servicing and modifications includes consent matters, loan assumptions, and loan amendments. In connection with workouts, our attorneys have extensive experience with pre-negotiation agreements, forbearance agreements, and loan restructurings.  In the area of collection and enforcement litigation, our attorneys have broad experience with judicial and non-judicial foreclosures, deeds in lieu of foreclosure, enforcement of guaranties, defending lender liability and wrongful foreclosure claims, collection proceedings and attachments, and UCC sales.  Our attorneys also have significant experience in such lending matters as loan syndications, loan participation agreements, loan purchase/sale agreements, intercreditor agreements, subordination agreements, opinions of counsel, and lender's title insurance policy claims.

With one of the largest and most highly respected bankruptcy and creditors' rights practices in the Pacific Northwest, our firm has extensive experience in representing our lending clients' interests in bankruptcy proceedings filed by borrowers and guarantors.  Our bankruptcy and creditors' rights attorneys have extensive experience throughout the country with federal and state court receivership proceedings, including representing lenders and receivers in the commencement, administration, sale of assets, and closure of receivership proceedings.     

As borrowers' counsel, our attorneys have significant expertise in structuring loan transactions and in the review, assessment, and negotiations of loan documentation.  We also assist borrowers in structuring and implementing loan modifications and workouts.

The significant depth of knowledge and experience in our Banking and Finance Group allows us to provide superior legal services in a cost-efficient manner to our clients who are in the business of lending or who have a need to borrow.

Bond and Municipal Financing Transactions
Sussman Shank attorneys have participated as bond counsel in a substantial number of public financing transactions including general obligations, revenue bonds, and tax-exempt conduit financings.  The types of public facilities financed in these transactions have included education and healthcare facilities, sports and entertainment venues, water, sewer, solid waste and pollution control facilities, airports, and ports. 

In addition to acting as bond counsel, Sussman Shank attorneys have acted as underwriter's counsel, and have advised financial institutions as the purchasers of bonds and notes in private placements or as providers of letters of credit in a multitude of public financing transactions. Sussman Shank attorneys have assisted municipalities in structuring tax increment financing districts and special taxing districts to provide funds for urban development and redevelopment.

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