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Commercial and Real Estate Finance

Overview

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

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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.

View Practice Team

Representative Matters

Representative Matters

  • MassMutual Asset Finance

    Represented MassMutual Asset Finance in the equipment finance syndications market in acquisition transactions in excess of $1 billion in 2016.

  • Represented one of the largest banks in the United States

    Nutter represented one of the largest banks in the United States in warehouse facilities to a dozen of the largest Fannie Mae, Freddie Mac, and FHA licensed mortgage lenders and low-income housing tax credit syndicators, with total commitments in excess of $2 billion.

  • Equipment finance deals

    Involved in equipment finance deals with annual aggregate transaction amounts in excess of $1 billion.

  • Experience with all equipment assets

    Deep experience with all equipment assets ranging from intellectual property to transportation equipment and everything in between.

  • Representation of among the largest banks in the U.S. in agency mortgage, low income housing tax credit (LIHTC) and investor bridge warehouse facilities

    Representation of among the largest banks in the United States in a dozen relationships providing agency mortgage, low income housing tax credit (LIHTC) and investor bridge warehouse facilities. Aggregate commitments under these facilities are in excess of $1.4 billion.

  • Representation of buy-side equipment finance and asset-based lending syndication institutions

    Representation of a set of the most active buy-side equipment finance and asset-based lending syndication institutions in hundreds of transactions annually.

  • Representation of five of the largest U.S. banks in multi-year workout and restructuring of $500+ million in loan facilities

    Representation of five of the largest U.S. banks in a highly contested, multi-year workout and restructuring of $500+ million in loan facilities to a diversified real estate investment/CMBS, multi-family mortgage and LIHTC syndication company, servicing over $10 billion in loans. Lending group successfully exited the relationship with a full pay-out at par.

  • Representation of lenders representing one-third of the largest licensed mortgage lenders and LIHTC syndicators in the country

    Representation of lenders including borrowers representing one-third of the largest Fannie Mae DUS, Freddie Mac and Ginnie Mae licensed mortgage lenders and LIHTC syndicators in the country.

  • Represented lenders on ground lease financings

    Represented life insurance companies on the financings of an office/research and development building, an apartment building and a hotel, each in Cambridge, Massachusetts and each subject to a long term ground lease.

  • Represented banks, life insurance companies and special servicers in various troubled debt restructurings and foreclosures

    Represented banks, life insurance companies and special servicers in various troubled debt restructurings and foreclosures involving commercial real estate properties, including office buildings, industrial projects, hotels and senior housing projects throughout the United States.

  • Represented life insurance company on multiple large portfolio loans

    Represented a life insurance company on multiple portfolio loans, totaling approximately $550 million and secured by industrial properties located throughout the United States, including the sale of a portion of the debt to a third-party investor. 

  • Represented real estate investors and developers in acquisition and financing projects

    Represented real estate investors and developers in the acquisition and financing of apartment projects, retail projects, office buildings, industrial properties and health care facilities in New England.

  • Represented major U.S. financial institutions in numerous leveraged loans

    Represented a major U.S. financial institutions in numerous leveraged loans to publicly traded diversified real estate companies, with credit facilities valued at over $1 billion in the aggregate.

  • Represented consortium of banks and life insurance companies on construction/permanent financings for mixed-use residential and retail projects

    Represented a consortium of banks and life insurance companies on approximately $345 million construction/permanent financings for two mixed-use residential and retail project within commercial condominiums in the Fenway section of Boston, including negotiation of intercreditor and recognition agreements with an institutional buyer of a component of one of the projects and with a pension fund equity investor in another of the completed projects.

  • Represented bank on the acquisition, infrastructure and construction loans for a portion of the Hingham Shipyard redevelopment

    Representation of bank on the acquisition, infrastructure and construction loans for the redevelopment of a portion of the Hingham Shipyard in Hingham, Massachusetts into a mixed-use development.

  • Represented major U.S. financial institutions in restructuring and workouts of troubled loans to affordable housing syndicators

    Represented major U.S. financial institutions in restructuring and workouts of troubled loans to affordable housing syndicators, mortgage lenders and CMBS servicers and special servicers. Nutter partners have handled troubled loans valued at more than $1 billion in the aggregate.

  • Represented one of the 50 largest equipment leasing companies

    Represented an equipment leasing company from its initial start-up in 2004 through its present status as one of the 50 largest equipment leasing companies in the country.

  • Represented several of the largest U.S. financial institutions in connection with warehouse facilities

    Represented several of the largest U.S. financial institutions in connection with warehouse facilities for Fannie Mae approved lenders and multifamily residential mortgage originators approved by Freddie Mac and Ginnie Mae.

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