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.
Qualified mortgages vs. qualified residential mortgages
Regulated Financial Institutions Alert | February 26, 2013
The tale of two TOUSAs
Bankruptcy Law Alert | June 13, 2012
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The enforceability in bankruptcy proceedings of waiver and assignment of rights clauses within intercreditor or subordination agreements
Bankruptcy Law Alert
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January 24, 2012
French Supreme Court approves Dijon Court of Appeal decision
Global Finance Alert
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November 9, 2011
SEC staff issues guidance regarding cybersecurity risks
Securities Law Alert
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October 28, 2011
SEC reverses position regarding proof of ownership for shareholder proposals
Securities Law Alert
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October 21, 2011
Webinar Recording: Trends in Material Adverse Change (MAC) Clauses
October 13, 2011
SEC decides not to appeal proxy access decision
Securities Law Alert
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September 13, 2011
CFTC votes to delay swap rules effect
Global Finance Alert
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June 28, 2011
Subrogation clause in an intercreditor agreement successfully transferred the right to vote on a bankruptcy plan
Bankruptcy Law Alert
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June 1, 2011
SEC adopts final whistleblower rules: implications for internal compliance, governance and employment policies
Securities Law Alert
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May 27, 2011
Big win for ratings agencies
Bankruptcy Law Alert
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May 24, 2011
Practical tips for meeting with credit rating agencies after Dodd-Frank
Securities Law Alert
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May 23, 2011
An update on second-lien financings and intercreditor agreements: Part III
Bankruptcy Law Alert
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May 6, 2011
M&A Executive Insights 2011
April 12, 2011
SEC proposes compensation committee independence and compensation consultant rules
Securities Law Alert
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April 8, 2011
An update on second-lien financings and intercreditor agreements: Part II
Bankruptcy Law Alert
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March 11, 2011
Delaware Court of Chancery upholds use of poison pill by Airgas board
Securities Law Alert
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March 2, 2011
SEC adopts Say-on-Pay rules
Securities Law Alert
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February 4, 2011
SEC proposes changes to accredited investor standards
Securities Law Alert
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January 28, 2011
An Update on second-lien financings and intercreditor agreements: Part I
Bankruptcy Law Alert
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January 4, 2011
Accelerated financial safeguard procedure
Global Finance Alert
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November 16, 2010
Offshore Hedge Fund Disputes: We’re Not in New York Anymore
November 8, 2010
Regulation FD enforcement: company executives charged for implied messages
Securities Law Alert
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November 5, 2010
SEC proposes Say-on-Pay rules
Securities Law Alert
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October 29, 2010
Developments in French securitization legal environment
Securitization and Structured Finance: Notes in Depth
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October 7, 2010
Regulation FD—SEC adopts amendment eliminating exemption for disclosures to credit rating agencies
Securities Law Alert
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September 30, 2010
The Dodd-Frank Act implementation of the Collins Amendment
Global Finance Alert
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September 8, 2010
SEC adopts shareholder proxy access rules
Securities Law Alert
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August 31, 2010
Impact of the Dodd-Frank Wall Street Reform and Consumer Protection Act on Private Equity Funds and Other Private Pools of Capital
Private Equity Alert
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August 19, 2010
The Dodd-Frank Act implementation of the Volcker Rule
Global Finance Alert
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August 12, 2010
The role and construction of risk committees
Corporate Responsibility Alert
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August 11, 2010
Dodd-Frank Act alters preemption rules for national banks and federal thrifts
Banking and Financial Services Litigation Alert
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July 28, 2010
Dodd-Frank Wall Street Reform and Consumer Protection Act Signed
Global Finance Alert
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July 23, 2010
The Dodd-Frank Act executive compensation and corporate governance reforms
Securities Law Alert
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July 23, 2010
Fiduciaries breached duty of prudence by investing in retail share classes
ERISA Fiduciary Alert
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July 20, 2010
Discrimination claims against foreign companies: new developments
Global Finance Alert
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June 11, 2010
Senate financial reform bill adopted
Global Finance Alert
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June 3, 2010
Senate financial reform bill increases risk of consumer rights litigation for banks, increases regulation
Global Finance Alert
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June 2, 2010
Per se illegality of resale price maintenance – alive and kicking
Antitrust Law Alert
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May 27, 2010
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