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asset-based lending
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Herrick helps its clients succeed in highly leveraged asset-based lending transactions involving multiple lenders or borrowers, multiple jurisdictions or countries, sophisticated inter-creditor issues, and specialized or unique collateral. Our sub-specialties include purchase order and trade finance as well as loans to law firms.

For Lenders and Financiers:

Herrick advises institutional lenders and commercial finance companies on secured transactions, structured finance, and factoring, including:

  • analysis and structuring of transactions
  • documentation
  • restructuring and reorganization
  • work-outs (in and out of court)
  • collateral liquidation

For Corporations:

We advise companies in their asset-based and corporate lending activities, including senior secured credit, mezzanine debt and debtor-in-possession facilities. In the area of structured finance, we represent originators, providers of credit enhancement and liquidity facilities, servicers, and purchasers.

Highlights:

Our experience covers a remarkable range of creative asset securitization. Here are a few examples:

  • A senior secured loan, secured by, among other things, a blood bank and its assets, including its tissue samples.
  • The securitization of lottery winnings.
  • A loan secured by pools of state funds for medical training and for indigent care.
  • Loans secured by medical and drug patents and licenses in various countries.
  • A credit line secured by an international fleet of limousines.
  • A senior secured credit facility secured by rough diamonds located throughout the world.
  • Loans to finance the purchase of minor league sports franchises.
  • A term loan to a business where the value of its art collection exceeded the value of its other business assets.
  • A credit facility secured by musical instruments located in every state in the U.S. and in three foreign countries.