Lending Law

Throughout Riker Danzig's long history, representation of lending institutions has been a core practice area for the firm. For many years, our Lending Law Group served as general counsel to one of the largest bank holding companies in New Jersey and its subsidiary institutions and provided virtually all that institution's legal services, including regulatory and corporate advice, litigation, and negotiating and documenting transactional matters. After that institution merged with another, we continued to represent it. Our lawyers also represent many other major lending institutions in New Jersey, as well as a number of out-of-state financial institutions that are involved in litigation or transactions in New Jersey.

For these institutions, we have handled a broad variety of financings. Our credit documentation work is performed by a group of experienced attorneys under the direction of Mark Rattner, Of Counsel and partner Nicholas Racioppi.  These attorneys work with a team of associate attorneys, each having substantial experience in commercial lending matters. The attorneys in the group are able to effectively and efficiently provide quality services at competitive rates to our lending clients.

Our lending law group attorneys handle all types of financings, including secured and unsecured working capital lines of credit, term loans, letter-of-credit and bankers' acceptance transactions, asset-based and real estate related loans. In recent years, the representation of issuers of direct pay letters of credit as enhancement for industrial revenue bonds has become an important part of the lending law group's activities, as has the representation of institutions providing secured financing products to the health care industry. The firm is frequently asked to represent the agent or lead bank and has extensive experience in drafting and negotiating agency and participation agreements and addressing the various concerns raised by multibank lending relationships. Swap agreements and 'cap and collar' arrangements have become an integral part of many financings and the firm has a strong appreciation of the documentation issues raised by these matters. All attorneys within the lending law group have considerable understanding of the insolvency and litigation (lender liability) issues which often arise in the loan documentation process, an understanding gained through active involvement in many workouts and restructurings over the years.

It is often the case that a financing transaction will require consideration of environmental, tax, pension, corporate, securities, public finance, bankruptcy or litigation concerns, and the lending law group attorneys avail themselves of the full resources of the firm in those areas. In certain transactions, such as loans to or involving employee stock option plans, tax and other considerations predominate and the firm has the necessary depth in these ancillary areas to properly support the needs of the lending law group attorneys. The firm has extensive experience in acquisition financings. With assistance of attorneys from the corporate, tax, environmental and bankruptcy groups of the firm, the lending law group attorneys have guided lending clients through a large number of these complex transactions in recent years.

Through many years of experience, the lending law group attorneys have been exposed to virtually every imaginable type of financing transaction. This deep background translates into efficient and economic service to the firm's lending clients. The firm is well aware that attorneys' fees are often paid by the borrower and is sensitive to the concerns of borrowers in this regard. Every effort is made to have the work performed at the most cost-efficient level without sacrificing the quality of the representation. The firm is receptive to fee arrangements other than straight hourly rates, such as blended rates, caps and the like, either on a case-by-case basis or upon an assured volume of transactions.

Riker Danzig offers experience and service in the representation of lending institutions in financing transactions and finance law that is second to none in New Jersey.

Representative Financing Transactions