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Corporate Lending & Secured Finance

Credit Terms That Balance Protection With Room to Operate

Averites advises borrowers and lenders on bilateral, club and syndicated credit facilities, secured and unsecured corporate lending, working capital facilities, revolving credit facilities, term loans and other forms of business financing.

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OUR APPROACH

How We Advise on Corporate Lending and Secured Finance

  1. Who We Represent

    We represent companies seeking financing for operations, expansion, acquisitions, capital expenditures, and other strategic purposes, as well as banks, private lenders, investment funds, and other capital providers that extend credit.

  2. From Term Sheet to Closing and Beyond

    Our lawyers advise from the term sheet and commitment stage through negotiation of definitive financing documents, satisfaction of conditions precedent, creation and perfection of security and closing. We also advise on amendments, waivers, additional indebtedness, refinancing and other matters arising during the life of a financing.

  3. Balancing Creditor Protection With Operating Flexibility

    A central part of our work involves negotiating the balance between creditor protection and the borrower’s ability to operate its business. We advise on financial and operating covenants, representations and warranties, events of default, mandatory and voluntary prepayments, restrictions on additional debt and liens, distributions, asset sales, acquisitions and other transactions that may affect the credit.

  4. Collateral Arrangements

    Where financing is secured, we advise on collateral arrangements involving shares, bank accounts, receivables, contractual rights, intellectual property, real estate and other assets, depending on the jurisdictions and transaction structure.

  5. Cross-Border Security Structures

    Cross-border secured financings can require security to be created and perfected under several legal systems and may raise questions concerning corporate benefit, financial assistance, insolvency, priority and enforcement. Averites coordinates local counsel and other advisers to ensure that the financing and collateral structure operates as an integrated whole.

  6. Guarantees and Credit Support

    We also advise on guarantees and other forms of credit support provided by parent companies, subsidiaries, shareholders and affiliated entities, including the corporate approvals and limitations applicable to upstream, downstream and cross-stream guarantees.

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Precision across borders. Book a Meeting

New York c/o Chornous Law PLLC
30 Wall Street, 8 Floor
New York, NY 10005 Phone: +1 650 382 7764
London 124 City Road
London, England
EC1V 2NX Phone: +44 7405 138109
Kyiv 11 Panasa Myrnoho Street
Office 1/1
Kyiv, 01011 Phone: +380 63 148 27 37

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FAQ

Frequently Asked Questions

  • We advise on bilateral, club and syndicated credit facilities, secured and unsecured corporate lending, working capital facilities, revolving credit facilities, term loans and other forms of business financing.

    • Both. We represent companies seeking financing for operations, expansion, acquisitions, capital expenditures, and other strategic purposes, as well as banks, private lenders, investment funds, and other capital providers that extend credit.

      • Our lawyers advise from the term sheet and commitment stage through negotiation of definitive financing documents, satisfaction of conditions precedent, creation and perfection of security and closing, as well as amendments, waivers, additional indebtedness and refinancing arising during the life of a financing.

        • We advise on financial and operating covenants, representations and warranties, events of default, mandatory and voluntary prepayments, restrictions on additional debt and liens, distributions, asset sales, acquisitions and other transactions that may affect the credit — negotiating the balance between creditor protection and the borrower’s operating flexibility.

          • Where financing is secured, we advise on collateral arrangements involving shares, bank accounts, receivables, contractual rights, intellectual property, real estate and other assets, depending on the jurisdictions and transaction structure.

            • Cross-border secured financings can require security to be created and perfected under several legal systems and may raise questions concerning corporate benefit, financial assistance, insolvency, priority and enforcement. We coordinate local counsel and other advisers to ensure the financing and collateral structure operates as an integrated whole.

              • Yes. We advise on guarantees and other forms of credit support provided by parent companies, subsidiaries, shareholders and affiliated entities, including the corporate approvals and limitations applicable to upstream, downstream and cross-stream guarantees.