COMMERCIAL FINANCING – PART 1
Recent representative matters include the representation of sellers of approximately 30 acres of development land, refinance and joint venture of senior facility in excess of $20M, multiple purchase and sale transactions between $300k and $1.5M, commercial leasing of office, retail, hospitality and restaurant space and many other projects.
As lending markets have relaxed and with interest rates still at historical lows, financing of commercial projects has never been better and there is a loan for nearly every project. You just have to find the financing and understand how commercial financing works differently than residential financing.
Over the next few weeks, we will look at topics that include sourcing funds for a project or business. You may not know it, but there is a variety of sources of money available to finance projects. Some of these sources include conventional financing through local banks and institutions, financing through investment groups, pension capital, government backed financing through the SBA programs or government sponsored programs such as EB-5 lending. Each of the available sources of funds comes with its own set of risks, benefits and responsibilities. For the borrower, it is imperative to understand your funding source, so that you understand your requirements.
Once you have your funding source available, it becomes about the real world practicalities and legal issues involving obligations on promissory notes, what is an environmental indemnity and what does it do or rather require of the borrower, guaranties (carve-out or full guaranty, payment or collection guaranty) and security instruments. After all your lender wants to be protected. Stay tuned as we walk through commercial finance over the next several weeks.
This is just the surface of a commercial finance transaction but should provide the borrower with some of the background they need when contemplating a business loan transaction.
Written by BPE Law Senior Attorney and Co-Manager, Keith Dunnagan, practices exclusively in the area of commercial transactions and finance. If you have any questions, you can reach him at 916-966-2260
For over 20 years, the attorneys of BPE Law Group, P.C. have been advising and representing business and property owners and investors in dealing with their legal needs. Check us out on the Web at: www.bpelaw.com. If you would like a consultation with us, please call our office at(916) 966-2260 or e-mail Keith Dunnagan at the above link.
This article is not intended to be legal advice, lending advice, or a specific recommendation of any particular lender or company, and should not be taken as such advice.