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Lending and Specialized Financings

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  • Overview
  • Bankruptcy
  • Insolvency and Financial Products Litigation
  • Lending and Specialized Financings

The lender side of asset-based loan deals requires protecting against uncertainty, especially concerning the future financial health of borrowers and counterparties. This uncertainty can be compounded by the nature of the financing structures implemented, and by the ever-increasing need to protect against financial fraud.

Our Bankruptcy, Creditors’ Rights + Finance group represents banks and other financial institutions in both large-scale, sophisticated loan transactions, and smaller, more routine credit facilities — including revolving loans, term loans, loan purchase agreements and warehouse facilities. We have extensive experience in subprime lending and origination platforms, as well as long relationships with originators, servicers and other third parties.

Strong Protections, Remedies and Practical Solutions

Lenders and servicers in areas such as residential and commercial mortgages, autos, fintech and student loans, and commercial borrowers spanning a variety of industries — including cannabis, advertising and marketing, PR and energy — know of our deep knowledge of lending, acquired through long experience in asset-based lending, real estate financing, and subprime mortgage. On the lender side, clients rely on us to formulate deal structures that afford strong protections against both insolvency and fraud by counterparties and remedies tailored by industry for maximum effect. Often, this requires particular knowledge of emerging issues, for example, the specific challenges and legal exposure of lending to cannabis-related businesses. On the borrower side, clients look to us to take a practical approach, balancing the protections lenders expect against the flexibility and autonomy they need in order to operate.

Our lending practice dovetails closely with our representation of creditors, both in debtor bankruptcies and in subsequent litigation. Many of our clients have seen their loans go through all three phases — transaction, bankruptcy, litigation — with our group guiding them at every turn. When a debtor’s fortunes change, we restructure contracts and implement legal strategies to enhance our clients’ position, while guarding against legal exposure.

Specialized Financing

Our experience extends to representing clients in transactions to fund their lending platforms and operations. We go beyond traditional revolving credit facilities and term loans, to areas such as mortgage loan warehouse financing, inventory financing, receivables purchase arrangements and derivative transactions. 

Representative Experience

  • Counseling a west coast-based bank in over $100 million of commercial real estate refinancing and revolving credit transactions. Created protective and effective forms of deal documents tailored to specific properties and borrower needs. The deals helped the client successfully kick-start new relationships and expand its east coast presence.

  • Advising a residential mortgage lender as a borrower with over $100 million in warehouse financing, resolving regulatory and structural matters to help the client bring a new innovative product to market. The advice helps the client reduce the risk of regulatory scrutiny related to unique bridge financing.
  • Represented a global beauty retailer in connection with negotiation of receivables purchase agreement with a French bank. Our knowledge of how these transactions are treated in bankruptcy allowed us to opine on the enforceability of the agreement, providing the bank sufficient comfort to close the deal.
  • Representing a financing provider to retail energy providers in connection with a proposed refinancing of the client's warehouse facility. Our representation included guiding the client through the complex structure of the facility and formulating solutions to address concerns raised by its lender while preserving our client’s business model.

  • Negotiated a liquidation of distressed loan portfolio for a foreign bank holding legacy assets related to pre-financial crisis securitization activities. The liquidation involved multiple sales of residential mortgage loans to various investors.

  • Represented a national bank in connection with a senior secured asset-based facility extended to a pharmaceutical company focused on the acquisition, reformulation, and marketing of FDA-approved prescription products.

Key Contacts

  • Attorney-Joseph-Cioffi

    Joseph Cioffi

    Chief Operating Partner/Chair

    Area Of Focus

    • Bankruptcy, Creditors’ Rights + Finance
    • Corporate + Transactions
    • Litigation + Dispute Resolution
    212 468 4875
    jcioffi@dglaw.com
  • Attorney Massimo Giugliano

    Massimo Giugliano

    Partner

    Area Of Focus

    • Bankruptcy, Creditors’ Rights + Finance
    • Corporate + Transactions
    212 468 4811
    mgiugliano@dglaw.com
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Meet The Team

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  • Overview
  • Bankruptcy
  • Insolvency and Financial Products Litigation
  • Lending and Specialized Financings

Insights + Events

  • Event Association of Commercial Finance Attorneys (ACFA) | Let’s Get Ready to Warehouse

    May 8, 2025

  • Press Release Davis+Gilbert’s Bankruptcy, Creditors’ Rights + Finance Practice Chair Joseph Cioffi Named “Client Service All-Star 2024”

    June 4, 2024

  • View More

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