Banking and Finance

Mirick O’Connell regularly counsels commercial lenders and borrowers in all aspects of debt and equity financing.  The Firm represents commercial banks and other major lending institutions in structuring, documenting and negotiating all types of unsecured and secured debt funds, including general commercial financing, asset-based financing, real estate financing, and construction financing.  We also represent borrowers with loan document review and negotiations.  Our Business and Financing Practice includes the representation of both private and public companies in a variety of early stage and late stage capital raising transactions, including angel investments through later stage preferred stock and mezzanine financings.

The Firm’s Creditors’ Rights, Bankruptcy and Reorganization Practice represents lenders and borrowers in the enforcement and restructuring of loan and credit obligations.  We advise clients on issues relating to restructuring debt, including forbearance agreements, securing additional collateral and liquidation of existing collateral.  We also represent clients in all aspects of creditors’ rights litigation, including foreclosure of mortgages, recovery of property, collection of money and defense of lender liability claims. 

Representative Matters:

• Represented a borrower on a $48 million acquisition and mezzanine financing from three lending sources secured in part by numerous parcels of improved real estate.
• Represented various lenders, including Sovereign Bank, Bank of America, Citizens Bank, TD Bank, Flagship Bank, Middlesex Savings Bank, Danvers Bank, Rollstone Bank, Boston Private Bank, Webster Five Cents Savings Bank, Commonwealth National Bank, Athol Savings Bank and Benjamin Franklin Bank in connection with middle market loans to privately-held businesses in amounts up to $75 million.
• Represented the senior lender in the Chapter 11 bankruptcy of a regional construction company.
• Represented a secured lender with claims in excess of $700 million in the bankruptcy of the nation’s largest guarantor of private student loans.
• Represented a national bank in the successful restructuring and refinancing of a regional distributor of petroleum products.
• Represented the secured lender in the successful restructuring of loans to a leading supplier of rolling mill equipment with operations on four continents.
• Represented a national bank in connection with the successful refinancing of a Massachusetts college’s bond obligations.
• Represented the senior secured creditor in connection with the wind-up of two automotive dealers.