Dworken & Bernstein’s Commercial Lending group has extensive experience representing borrowers and lenders in connection with all types of commercial loan transactions, including asset based working capital financing, equipment financing and leasing, inventory and account receivable financing, cash flow lending, construction loans, real estate mortgage loans and factoring transactions.  Our clients include commercial lending institutions as well as borrowers and guarantors in many different industries such as real estate, manufacturing, healthcare, oil and gas, as well as a host of others. 

From a borrower’s prospective, the attorneys at Dworken & Bernstein can review, negotiate, and revise loan agreements, security agreements and other sophisticated loan documents to make sure you are protected from the pitfalls found in most commercial loan documents.  We will work with lender’s counsel to ensure that the loan document accurately reflect your understanding of the transaction. Additionally, we are often engaged by borrowers who have found themselves in violation of their loan covenants to negotiate a fair standstill or forbearance agreement that enables the client to continue to operate their company during a downturn.

From a lender’s prospective, the attorneys at Dworken & Bernstein can handle those complex transactions where your normal boilerplate documents are insufficient to property protect you or your lending position. We are also often engaged by lenders to assist with the restructuring of problem loans, to litigate breaches of loan documents, and to ultimately execute on collateral. 

The services we offer to our clients in the area of commercial lending include:

  • Structuring loan transactions
  • Analyzing priority issues
  • Perfecting security interests in all types of collateral,
  • Managing and handling the due diligence investigations in connection with loan transactions
  • Negotiating and drafting intercreditor agreements
  • Dealing with environmental issues in the context of commercial loans
  • Negotiating and preparing all type of loan and security documents
  • Negotiating and drafting Cognovit Notes
  • Handling litigation relating to Cognovit Notes for both lenders and borrowers 
  • Loan restructuring and workouts
  • Negotiating and drafting forbearance and standstill agreements
  • Negotiating and drafting legal opinion letters for borrowers

Commercial loan transactions are often complex. As a borrower, it is important that the loan documents you sign accurately reflect the deal that you have made. As a lender, it is imperative that you and your collateral are adequately secured and protected. With over 60 years of experience in assisting and advising clients in all aspects of commercial loan transactions, Dworken & Bernstein is here to help borrowers and lenders navigate through the loan process from start to finish. 

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