Identifying Ways to Minimize Risks in Important Transactions
At Phillips Lytle, we counsel clients with respect to a full range of environmental issues that arise in connection with their corporate, banking, real estate and other related transactions. Our experience includes:
- Real property due diligence involving Phase I and Phase II environmental site assessments and attaining the “all appropriate inquiry” standard; the identification, analysis and estimation of environmental liability risks; the engagement and management of environmental consultants; the negotiation of appropriate access, remediation, indemnity and escrow agreements; and the analysis of reporting obligations.
- Assisting in the drafting and negotiation of documents. We provide expertise, particularly with respect to the allocation of responsibility for environmental liabilities, indemnity, insurance, collateral inspection and preservation, environmental audits, reporting obligations and numerous other issues, in part to ensure that the financial transaction and the client’s activities in connection therewith remain consistent with the protections afforded to secured creditors under state and federal environmental law.
- Assisting with workouts, corporate restructuring and foreclosures. We also work to ensure our clients avoid unnecessarily incurring any environmental liability by participating directly in the management of their borrowers’ businesses or contributing to any environmental conditions with respect to any real property collateral.