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www.nutter.com

Commercial Finance

Why Nutter for Commercial Finance

Our commercial finance team has been chosen by lenders, equipment lessors and borrowers to handle literally thousands of transactions involving collateral in 46 states and abroad.

Nutter has handled more than $8 billion in real estate lending transactions and more than 1,000 equipment financing deals worth more than $3 billion in the last decade. Furthermore, we are currently counsel of choice for more than half of the top 10 commercial banks in the United States for one form of commercial finance or another, as well as many of the region’s most reputable life insurance companies, pension funds and commercial borrowers. One of those banks has sought our assistance in more than 100 commercial finance transactions in recent years, and continues to send its deals to Nutter.

Clients look to the Nutter team for our experience and reputation in handling collateral and credit facilities of every kind, ranging from unsecured loans to complex deals involving multiple use projects or multiple credit facilities, complex structures, lenders and forms of collateral.

But they also look to us for our commitment to providing superior service and value. Because of the volume of work we do, we have developed an efficient process that is both high speed and accurate, giving clients the turnaround, cost control and quality they desire.

Furthermore, we never overstaff a project and we commit significant partner level attention to the deal and to the process for getting it done. Our partner to associate ratio also results in superior associate training and satisfaction (as proven in nationwide surveys), which means that clients do not have a revolving door of associate lawyers working on their projects. Our top priority is client service and satisfaction.

We also understand the importance of preserving and growing business relationships and pride ourselves on getting the job done by solving problems and bringing partiers together. We look for creative “win-win” solutions to difficult financial issues and work to avoid the acrimony and contentiousness that some legal advocates can bring to a deal.

But more than anything else, we are proud of and motivated by our work. When we look at office buildings and industrial facilities being constructed, or airplanes, rail cars, shipping vessels and heavy equipment in motion, we can see the role we have played, collaborating with clients, to advance American commerce.

Our Team

The commercial finance team of lawyers at Nutter includes:

  • Banking and finance lawyers and real estate lawyers repeatedly named to the peer-reviewed “Best Lawyers in America” list;
  • Banking and finance lawyers and real estate lawyers repeatedly listed as “leaders in their field” by Chambers USA;
  • Lawyers named as Massachusetts Super Lawyers by Boston Magazine in the fields of banking, real estate and corporate law; and
  • Numerous lawyers who have held leadership positions in and/or been cited for their work by the American College of Real Estate Lawyers, the American College of Mortgage Attorneys, the Equipment Leasing and Finance Association, the Massachusetts and Boston Bar Associations, New England Women in Real Estate, the Real Estate Finance Association of the Greater Boston Real Estate Board, the Turnaround Management Association and Massachusetts Continuing Legal Education, Inc.

Our firm has also been: 

  • Ranked as a tier one Boston law firm by U.S. News & World Report in banking and finance, as well as real estate; and 
  • Listed among the ranked firms in banking and finance, as well as real estate in a national survey by Chambers USA.

Who We Represent

Clients who have turned to Nutter for commercial finance and counsel include: 

  • Banks and other depository institutions; 
  • Equipment leasing and finance companies; 
  • Insurance companies; 
  • Real Estate Investment Trusts and diversified real estate institutions; 
  • Pension funds; 
  • Other commercial institutions; 
  • Borrowers from many industries; and 
  • Guarantors or other credit enhancers.

As a result of our commercial finance work, we have experience representing borrowers and lenders involved in a great many industries, including those involved in: 

  • Agriculture; 
  • Air, sea, road and rail transportation; 
  • Computer hardware/software and other technology; 
  • Construction and development; 
  • Education; 
  • Financial services; 
  • Health care; 
  • Heavy equipment manufacturing, sale and use; 
  • Hospitality; 
  • Housing; 
  • Mining; 
  • Other forms of manufacturing; and 
  • Various forms of retail sales.

What We Do

Our team has expertise performing commercial finance services related to all kinds of real estate, hard assets, intellectual property and other financial assets. Those services have included loan structuring, negotiation, documentation, administration and security interest perfection work related to: 

  • Acquisition financings, including leveraged buyouts and ESOPs; 
  • Asset-based lending; 
  • Corporate lending, including asset-based, unsecured and secured loans, credits with multiple pricing and currency options, agented and syndicated multi-bank and multi-borrower credits, loan participations, mezzanine financings and factoring; 
  • Distressed properties; 
  • Equipment lease transactions, including originations, syndications and portfolio transactions 
  • Lending to specialized industries, including high technology companies, health care and community care providers, educational and cultural institutions, manufacturers, and senior and low-income housing developers; 
  • Multi-dimensional lines of credit, investor bridge loans and other facilities to low-income housing tax credit syndicators; 
  • Real estate financings, including construction and permanent financings, mezzanine financings and portfolio transactions; 
  • Revolving credit facilities; 
  • Royalty financing; 
  • Sale/leaseback transactions; 
  • Syndicated and co-lending transactions involving multiple parties, including inter-creditor, subordination and participation agreements; 
  • Warehouse facilities (for the “warehousing” of credit to be released in stages upon proof of security interest perfection and/or performance) particularly, but not exclusively for mortgage lenders, equipment lessors and low income housing tax credit syndicators; and 
  • Workouts, bankruptcy proceedings, restructurings and foreclosures.

We have also worked with many kinds of assets, collateral and projects in commercial finance, including: 

  • All kinds of commercial buildings and complexes, including but not limited to apartments, hotels, laboratories, offices, warehouses, and other facilities; 
  • Specialized facilities for education, health care or technology related uses; 
  • Golf courses and recreational sites; 
  • Vehicle fleets and rolling stock; 
  • Brown and blue water shipping vessels; 
  • Corporate aircraft
  • Mining equipment and devices; 
  • Computer hardware and software;  
  • Equity interests and other forms of financial assets and
  • Other types of equipment, devices, property rights and income streams.