Practices & Industries

Asset-Based Lending

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Baker Donelson's Asset-Based Lending (ABL) Team delivers strategic, business-driven legal counsel across the full spectrum of ABL transactions.

Why Baker Donelson?

Handled financial services lending and leasing transactions in 42 states and Washington, D.C.

Represent more than half of the top 100 banks in the country

150 attorneys serving the financial services industry

Overview

Key Contacts

Anthony C. Cianciotti

T: 404.589.3409

Email Professional

Jason A. Strain

T: 901.577.2260

Email Professional

Baker Donelson's multidisciplinary Asset-Based Lending (ABL) Team combines deep knowledge of financial services, tax, corporate law, commercial litigation, and bankruptcy to advise clients in transactions of all sizes, from middle-market borrowers to complex syndicated facilities. We represent national and regional banks, direct lenders, financial institutions, and borrowers in a wide range of ABL transactions, including revolving credit and term loan facilities for working capital, asset acquisitions, capital expenditures, refinancings, and specialized structures such as debtor-in-possession (DIP) and exit financings.

We have experience with an extensive range of collateral types securing these loans, including:

Accounts receivable
Inventory
Chattel paper
Equipment leases
Consumer and commercial loans
Real property
Equity interests
Automotive dealer finance receivables
Other assets such as motor vehicles, aircraft, and vessels

Our ABL services include:

Structuring, negotiating, documenting, and closing complex asset-based loan transactions, including bilateral and syndicated, for agents, lenders, and borrowers.
Analyzing and negotiating complex intercreditor agreements for diverse capital structures, including first-second lien financings, split-collateral arrangements, and unitranche structures.
Leveraging the Firm's Equipment Finance and Real Estate Finance practices for transactions involving collateral beyond accounts and inventory.
Analyzing transactions involving the financing of inventory in-transit to the U.S., and providing solutions to mitigate transactional risk while minimizing operational disruption.
Partnering with our financial regulation team to address unique issues in lender finance transactions.
Creating and evaluating form documents for lender-clients' use with asset-based loans.
Reviewing loan documentation for financial institutions participating in syndicated transactions.
Collaborating with our creditors' rights and bankruptcy team on loan enforcement actions, out-of-court restructurings, and bankruptcy matters.

Results may vary depending on your particular facts and legal circumstances.

Acted as counsel to a borrower in a $250-million syndicated asset-based revolving credit facility for a regional distributor of HVAC systems and components.
Represented a food company based in the Southeastern U.S. in connection with various financing and real estate matters, including the negotiation of a $150-million syndicated senior credit facility secured by accounts receivable, inventory, equipment, and real estate to be used to finance acquisitions and operations.
Represented a regional bank in a $45-million and a $100-million revolving credit loans to affiliated private lending funds.
Represented an agent bank in a $90-million secured loan facilities to related companies providing small business working capital solutions, including merchant cash advances and microticket leases.
Represented a regional bank in a $50-million term and revolving credit facility secured by multiple intermediate care facilities.
Represented an agent and lender in a $45-million revolving credit facility to a specialty water product company.
Represented an agent and lender in a $30-million asset-based revolving credit facility to a designer, importer, and distributor of home organizational solutions, including the financing of in-transit inventory.
Represented a national bank in a $25-million revolving credit facility to a manufacturer and distributor of specialty sports apparel, including the negotiation of a split-lien intercreditor agreement with a term loan provider.
Represented a national bank in a $10-million acquisition and working capital financing to the purchaser of the thermoforming operations of a publicly traded company.
Ongoing representation of a bank based in the Southeastern U.S. on a wide variety of bilateral and syndicated commercial financing transactions, including asset-based loans, construction loans, and other loans secured by commercial real estate, loans to finance companies, and loans to bank holding companies.