Our attorneys have wide-ranging experience sourcing, structuring and documenting acquisition loans, construction loans, bridge loans, mezzanine loans, participating or convertible loans, revolving lines of credit, loans secured by ground leases, securitized financing, sale/leaseback transactions and the issuance of letters of credit. Documentation of such transactions includes loan agreements, promissory notes, deeds of trust and mortgages, guaranties, deposit account control agreements and environmental indemnities (and potentially environmental insurance policies). We represent both senior and junior lenders (or borrowers with both senior and mezzanine loans) in transactions structured to include traditional junior liens on real property, subordinate loan participation interests, “B Notes” secured by the same first mortgage securing an “A Note,” and pledges of direct or indirect ownership interests in the property owner. We negotiate all types of intercreditor agreements for such financings. In addition, ISY’s attorneys have expertise in the issues surrounding lender non-disturbance agreements and mortgagee protection provisions in ground leases.

ISY proficiently represents borrowers and lenders in developing and implementing workout programs for distressed debt transactions. Workout arrangements can involve many components, including maturity extensions, bifurcation of the loan into a performing piece and a nonperforming piece (with subordinated borrower contributions sandwiched between the two pieces), additional capital requirements, interest accruals and many other features. We are experienced in drafting and negotiating necessary workout documentation and title insurance coverage needed in order to close workout transactions. In addition, we represent clients in the purchase and sale of debt instruments secured by distressed real estate and provide advice with respect to the potential foreclosure of such instruments and the potentially complicated tax consequences of cancellation of indebtedness.