Banking & Finance Lawyers
Our specialist Banking & Finance team holds a strong reputation for offering specialist and commercially applicable legal advice on a wide range of banking and debt matters.
We draft, negotiate, and advise upon all types of financing transactions across a wide variety of sectors and jurisdictions, ranging from technology, healthcare to financial services. The advice we provide also includes advising on supporting security documentation such as debentures, share charges, legal charges, and charges over IP.
Our banking reputation and skillset has resulted in our appointment to a number of banking panels, including Metro Bank, NatWest & Handelsbanken.
Asset-Backed Lending
Asset-backed lending is a financial strategy which involves obtaining or loaning money secured by assets as collateral. This practice provides businesses and individuals to leverage their valuable assets to secure financing for various purposes, whilst providing prospective lenders with the confidence to provide the facility.
Asset-backed lending relies upon the use of tangible assets such as real estate, inventory, equipment or receivables as collateral. We are experienced in providing advice on wide range of asset-backed lending transaction including the various options for security, the perfection of such security and supporting ancillary documentation.
Acquisition Finance
Acquisition finance is a specialised area of banking and finance law that involves providing funding for the acquisition of a corporate entity or its assets. We have experience handling a wide range of acquisition finance transaction, across various scales, from start-ups to LMA-based accordion financing.
Our M&A teams often work closely together with our Banking & Finance team to ensure a smooth transaction from start to finish when working on acquisition finance.
Mezzanine Finance
Mezzanine financing represents a hybrid between debt and equity, offering unique advantages to both lenders and borrowers.
Borrowers often require a mezzanine loan where they have exhausted funds from a primary lender but still require additional funding in order to complete a project or a development.
Our seasoned legal experts understand the intricacies of a mezzanine transaction, addressing complexities such as subordinated debt, warrants, and intercreditor agreements.
Property Finance
Our property finance team has experience in effectively handling transactions across a wide range of property transactions. We deliver a seamless and adaptable service that covers a broad spectrum of disciplines essential to present day real estate finance transactions. We advise on the most appropriate security solutions for our clients including bespoke finance where required.
The large team regularly acts for a variety of different lenders borrowers, developers, investors, care home owners and operators in addition to high net worth individuals
Our services includes advising on:
- Property acquisition
- Real estate investment finance
- Short term loan funding
- Prioritisation of loans
- Sale and leaseback structures
- Property refinancing.
- Development finance
- Secured Lending
- Care home financing
- Storage space financing
- High net worth individuals buying or refinancing residential properties across the UK
Working in conjunction with our colleagues in our corporate and commercial teams , we also offer advice on loan agreements, floating charges, debentures, guarantees, security over building contracts and other finance documentation.
Key Contact
Partner, Head of Real Estate
Key Contact
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</script>Case Studies
Unlock valuable insights from our case studies
Analysis
Case Study: Streamlining Operations
Learn how we improved efficiency our client
John Doe
24 May 2023
.
5 min read
Analysis
Case Study: Streamlining Operations
Learn how we improved efficiency our client
John Doe
24 May 2023
.
5 min read
Analysis
Case Study: Streamlining Operations
Learn how we improved efficiency our client
John Doe
24 May 2023
.
5 min read
Analysis
Case Study: Streamlining Operations
Learn how we improved efficiency our client
John Doe
24 May 2023
.
5 min read
Analysis
Case Study: Streamlining Operations
Learn how we improved efficiency our client
John Doe
24 May 2023
.
5 min read
Analysis
Case Study: Streamlining Operations
Learn how we improved efficiency our client
John Doe
24 May 2023
.
5 min read
Advising The Exclusive Collection on strategic banking facility
Herrington Carmichael’s banking team were advised The Exclusive Collection on the re-finance of its existing banking facilities.
Advising Buyline on strategic facility with BCI Capital
Herrington Carmichael’s banking team advised the point-of-sale finance provider, Buyline, on a significant facility with BCI Capital.
Herrington Carmichael Advises Futura Financial on £14.5m Buy and Build Facility
Herrington Carmichael’s Banking & Finance team has advised Futura Financial Services Group, on its £14.5m buy and build facility.
Meet our experts
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Client wins
Yavan and team supported us through the process ensuring we had the right level of guidance and regulatory control for every decision through this process, we felt fully supported and couldn’t have achieved the outcome without them.”
– Huw Phillips CEO (Buyline Ltd).
We instructed the banking team at Herrington Carmichael on a complex and difficult banking transaction with a tight turnaround. Yavan and Chris met the challenge and they helped us to understand the key sticking and contentious points with great clarity, and simplified the process for us. Chris and Yavan had a consistent focus on our end goal throughout, and worked hard to help us achieve it. It has been a real pleasure working with them, and I would not hesitate to recommend them!
– Danny Pecorelli, Managing Director
Having worked closely with Yavan and the team for several years now, this re-finance project was particularly important for Futura – allowing us to continue with our steep growth trajectory without compromising our focus on service excellence and continual improvement. In such a fast-paced environment, it is essential for us to work with key strategic partners like Herrington Carmichael, who have a deep understanding of our business, people and aspirations.
– Paul Ollerton, Chief Executive Officer of Futura Financial Services Group
Frequently Asked Questions
Find answers to your most pressing questions about our services and processes.
What security can I take as a lender?
A lender may seek various forms of security to mitigate any risk associated with loans. The type of security depends on both the nature of the loan and the agreed terms between the parties. Some common examples include:
- Fixed and floating charges on assets
- Guarantees (personal and corporate)
- Pledges (for example: bank accounts)
- Assignments of contract
- Legal mortgages
- Third party security (for example, parent company guarantees)
What is a Debenture?
A debenture is often a core component of a security package for a finance transaction, it is a security document which sets out the terms on which a security provider will grant security over all, or substantially all, of its assets to secure a loan or other liabilities. Typically, a debenture will create different types of security, such as: legal mortgages, fixed and floating charges and assignments.
What are representations and warranties and how do they differ?
A representation is a statement made before the agreement is entered into, serving as an inducement for a lender to enter into the contract. A warranty is a promise or assurance and is a term of the contract itself. There is a distinction between the two terms: a representation that is incorrect would entitle a lender, as a matter of law, to terminate the contract and seek damages. Breach of a warranty does not give this right – a lender will only have a right to damages and, if the term is of fundamental importance, rescission. However, contractually, the occurrence of a breach of either would in most circumstances constitute a default event under the loan documentation.