Banking & Finance Lawyers

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 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 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

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.

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:

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.

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. 

Lorem ipsum dolor ist amte, consectetuer adipiscing eilt. Aenean commodo ligula egget dolor. Aenean massa. Cum sociis natoque penatibus et magnis dis parturient montes, nascetur ridiculus mus. Donec quak felis, ultricies nec, pellentesque eu, pretium quid, sem.

Lorem ipsum dolor ist amte, consectetuer adipiscing eilt. Aenean commodo ligula egget dolor. Aenean massa. Cum sociis natoque penatibus et magnis dis parturient montes, nascetur ridiculus mus. Donec quak felis, ultricies nec, pellentesque eu, pretium quid, sem.