Banking & Financial Services

Our Banking & Financial Services Practice Team has years of experience representing purchasers and sellers of loans and several other financial assets.

Depending on the type of loan being sold, different types of purchase and sale documents may be utilized. Syndicated loans are generally purchased and sold pursuant to documentation promulgated by The Loan Syndications and Trading Association, Inc. (LSTA), and may be purchased or sold pursuant to either par or distressed trade documentation, depending on the status of the loan. Required sale documentation is updated periodically by the LSTA and may include confidentiality agreements, trade confirmations, purchase and sale agreements, assignment and assumption agreements, and purchase price letters. We have experience representing sellers of syndicated loans denominated in USD and certain foreign currencies to domestic and foreign purchasers.

We represent purchasers and sellers of non-syndicated loans and certain loan pools wherein the purchase and sale are not documented pursuant to LSTA documentation. Our attorneys have experience utilizing different methods to structure the purchase and sale. And they are familiar with the various forms of purchase and sale documents used, as well as the legal issues that may arise depending on the transaction’s structure.

We have experience preparing, negotiating, implementing and terminating servicing agreements for mortgage pools, student loans and other consumer loans. We also handle transactions involving the securitization of different types of loans, including issues that may arise with restructuring or collapsing an incomplete loan securitization.

Purchase, Sale, Servicing and Securitization of Assets