Nixon Peabody provides innovative counsel to clients involved in a broad range of complex financial, institutional, and corporate matters. We structure, negotiate, document, and manage to completion all types of financial transactions. We help clients select the most advantageous financing structures and negotiate favorable financing packages with banks, leasing companies, and other providers. Our practice brings together interdisciplinary teams of lawyers from all corners of the firm with broad experience in complex structural financing and corporate business support.
Our clients include commercial banks, investment banks, trust companies, insurance companies, leasing companies, and publicly traded and private investment funds, as well as other public and private corporations.
We offer a complete suite of support to commercial finance clients, including tax, regulatory, financial restructuring, and litigation.
We divide our practice into five areas of focus, including:
Commercial and leveraged finance—We advise lenders and corporate borrowers in syndicated investment-grade and non-investment-grade secured and unsecured credit facilities, working capital and asset-based financings, subordinated mezzanine and secured lien debt facilities, acquisition financings, and restructurings; leveraged buyouts and recapitalizations, mortgage loans, warehouse credit facilities, factoring and trade financing, project finance, assignments, investments, and participations; interest rate, currency swaps, and other derivative products, letters of credit; and cash pooling arrangements.
We also act as counsel to a number of financial institutions in drafting and maintaining their standard forms for lending transactions.
Asset finance—We advise clients in transactions involving a diverse range of assets, including aircraft, railcars and locomotives, vessels, trucks, containers, renewable energy assets, cogeneration and other production facilities, high-technology equipment, medical equipment, manufacturing plant assets, and construction equipment.
Our team has extensive experience with collateral and credit support arrangements, including perfection of security interests and ancillary support agreements, such as power purchase and offtaker agreements, site leases, and licensing agreements. Our experience also includes creating and transferring the benefit of environmental incentives and attributes.
Tax structuring—Our attorneys also advise clients on federal and state tax aspects of asset finance, including structuring of investments to maximize efficient use of tax benefits, preparation and negotiation of transaction documents, rendering tax opinions, and providing ongoing advice regarding changes in federal and state tax law. Common issues include tax characterization of agreements (including leases and service contracts), depreciation benefits, energy and other tax credits and grants in lieu of energy credits, rent allocation and prepaid rent issues, partnership allocations, cross-border lease structuring, and assistance in connection with tax audits.
Securitization and structured finance—We represent issuers in trade credit receivable securitizations.
Distressed investing and claims trading—We counsel banks, brokers, and hedge funds in the purchase and sale of claims against debtors.