Banking & Corporate Lending

Funding a business through bank borrowing is the most common method for owner-managed businesses. It is often one of the most important corner-stones for the stability of any business. The methods by which funds can be lent: through loans, overdrafts, invoice, financing, credit cards or bank bonds and guarantees require detailed analysis as to the financial covenants surrounding them.

As alternatives to traditional bank funding, transferring funds between companies within a group structure can be an efficient way to provide for funding in a cost effective manner, and investments from high net worth investors can be a useful source of funds for newly formed and / or high risk businesses.

As well as providing legal advice on the loan agreement (often referred to as the facility agreement), we are also able to advise on any supplementary agreements which may need to be implemented to support your corporate lending strategy such as:

1)  Inter-creditor deed / deed of subordination / deed of priority - these are the documents that can be used to decide on the priority of each creditor's loan
2)  Facility agreement / loan agreement
3)  Debenture documentation
4)  Personal guarantees

Whether you are looking at your existing arrangements or at a new approach with an alternative lender, we are able to steer you through the process and help you to avoid the pitfalls. Ideally we like to get to businesses before they need money to deal with an immediate cash flow situation, but even if your business does have an immediate requirement we can provide guidance on negotiating facility agreements / loan agreements, banking documentation generally and personal guarantees.

Having worked for the banks we have a good insight in to how they work, their key areas of concern and also the requirements needed to ensure that businesses have a commercially advantageous relationship with their bank - if you do not feel that you are getting the most out of your banking relationship, please speak with us about how that can be achieved.

Whatever the form of proposed lending or borrowing, we can assist in the preparation of board minutes detailing the corporate rationale for the lending or borrowing and, if necessary, we can also prepare shareholder resolutions supporting the transaction.

For details of recent projects, please see our Review of Business 2014

For specialist legal advice please contact:
Yavan Brar on 01189 899713 or by email at yavan.brar@herrington-carmichael.com
Alex Canham on 01189 899717 or by email at alex.canham@herrington-carmichael.com

"Yavan's approach in dealing with negotiations and in dealing with the city lawyers on a multi-million pound investment were commercially focused, ensured that progress was made and that we concentrated on the areas of the greatest importance. It greatly assisted in ensuring that a potentially complex closing was dealt with effectively and with a successful result. Always approachable and responsive, Yavan and his team are professional and a pleasure to deal with. When the deal was complete, our new partners also remarked on the extremely pragmatic and professional input from Yavan and his team."
Clayton Sullivan-Webb, Finance Director, Grundon Waste Management Limited.

 

The Legal 500 Our corporate and commercial team is delighted to have been recognised in this year's edition of the UK Legal 500 as a leading advisor in the Thames Valley corporate and commercial legal markets
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