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. 

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Banking & Finance

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.

Our banking and finance expertise includes advising upon:

  • Acquisition finance
  • Asset backed lending
  • Bridging loans
  • Invoice financing facilities
  • Project finance
  • Revolving credit facilities
  • Term loan facilities

Asset-Backed Lending
Acquisition Finance
Mezzanine Finance
Property Finance 

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.

 

“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)
The Exclusive Collection.

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.

Yavan’s approach in dealing with negotiations and in dealing with the city lawyers on a multi-million pound investment were commercially focused, ensured that progress was made and that we concentrated on the areas of the greatest importance. It greatly assisted in ensuring that a potentially complex closing was dealt with effectively and with a successful result. Always approachable and responsive, Yavan and his team are professional and a pleasure to deal with. When the deal was complete, our new partners also remarked on the extremely pragmatic and professional input from Yavan and his team.

Clayton Sullivan-Webb (Finance Director)
Grundon Waste Management Limited

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.

 

A sincere thank you to Yavan and the entire Herrington Carmichael team.  You are an exceptionally committed group of individuals.

Looking back, it’s impressive what we managed to accomplish over such a short period of time, dealing with a variety of issues that came up during the process.

The amount of back and forth, especially over the last few days, has been dizzying and I can only imagine what was going on behind the scenes.

Working with Yavan and Chris was a pleasure.  Thanks to the two of you as well as the many others working behind the scenes

Banking & Finance Client

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.

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.

“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)
The Exclusive Collection.

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.

Yavan’s approach in dealing with negotiations and in dealing with the city lawyers on a multi-million pound investment were commercially focused, ensured that progress was made and that we concentrated on the areas of the greatest importance. It greatly assisted in ensuring that a potentially complex closing was dealt with effectively and with a successful result. Always approachable and responsive, Yavan and his team are professional and a pleasure to deal with. When the deal was complete, our new partners also remarked on the extremely pragmatic and professional input from Yavan and his team.

Clayton Sullivan-Webb (Finance Director)
Grundon Waste Management Limited

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.

A sincere thank you to Yavan and the entire Herrington Carmichael team.  You are an exceptionally committed group of individuals.

Looking back, it’s impressive what we managed to accomplish over such a short period of time, dealing with a variety of issues that came up during the process.

The amount of back and forth, especially over the last few days, has been dizzying and I can only imagine what was going on behind the scenes.

Working with Yavan, Chris and Matt was a pleasure.  Thanks to the three of you as well as the many others working behind the scenes

Banking & Finance Client

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.

FAQs

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:

  1. Fixed and floating charges on assets
  2. Guarantees (personal and corporate)
  3. Pledges (for example: bank accounts)
  4. Assignments of contract
  5. Legal mortgages
  6. 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. 

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Amazon Filters

Europe’s leading manufacturer of bespoke filtration technology on a LMA based revolving facility and term loan facility to facilitate the exit of its incumbent private equity partner;

Exclusive Hotels

We advised the boutique hotel group, on a multi-million re finance of Allied Irish Bank with National Westminster Bank Plc. The transaction involved a complex redemption procedure with AIB and extensive due diligence on the Group’s property portfolio

BGF £8m Investment

We advised BGF on its £8 million investment in Operational Solutions Limited, a leading counter-drone technologies business. This Deal won Deal of the Year (sub £20 million) at the Thames Valley Dealmaking Awards 2022.

£20million Credit Line

Advising overseas investor on a c. £20 million credit line

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Meet the Team

Related expertise

Best Law Firms 2024

Herrington Carmichael has once again been named in the Times Best Law Firms. We were first listed in 2023 and have once again made the Best Law Firms list for 2024.

www.thetimes.co.uk/article/herrington-carmichael

Best Law Firm 2024