Agents, lenders and borrowers desiring to close asset-based financings seek responsive lawyers who understand the need to economically and efficiently identify, value and put collateral to work.

Bryan Cave’s Asset-Based Lending Team has extensive experience representing agents, lenders and borrowers in due diligence, structuring, negotiating and preparing the documentation necessary to close and maintain single-lender and syndicated asset based lending deals as well as equipment leases.

We view ourselves as facilitators of the business deal and understand that no transaction is about the lawyer.  We do our part to make the negotiation of each ABL transaction smooth and efficient.  With team members located around the world – including many in the world’s most important financial and business centers – Bryan Cave can provide the right people with the right levels of experience with the appropriate resources to address the issues that arise with asset-based loans.  Our ABL attorneys work hand-in-hand with other client service groups at Bryan Cave.  By way of example, Bryan Cave offers experience in valuing and lending against unique collateral such as intellectual property and healthcare receivables as well as having experience in the industries listed below.

Many of our team’s lawyers are also members of Bryan Cave’s Bankruptcy and Restructuring Client Service Group representing creditors and debtors in bankruptcies and in structuring and implementing debtor-in-possession financings. All of our team’s lawyers have experience in managing and strategizing workouts.

The Asset-Based Lending Group has also documented transactions involving unsecured and secured mezzanine financing, with and without equity investment; representing both lenders and equity sponsors.

We have a robust cross-border practice, representing borrowers and lenders in transactions in North America, Asia, Europe, Central and South America, taking foreign collateral, negotiating international letters of credit and credit insurance, factoring receivables and negotiating transactions in multiple currencies.

Our attorneys include several authors of treatises focusing on Article 9 of the Uniform Commercial Code.

The Asset-Based Lending Group has completed asset-based financings and equipment lease transactions for a wide range of industries including:

  • Aircraft industry
  • Commodities
  • Consumer products
  • Electronics
  • Equipment leasing
  • Information technology
  • Factoring
  • Furniture
  • Healthcare
  • Manufacturing
  • Media
  • Mining
  • Service industry
  • Staffing services
  • Telecommunications
  • Transportation

Representative Transactions

Recent asset based lending transactions in which Bryan Cave has been involved include:

  • Represented the borrower, a privately held hardware manufacturer, in an $8 million working capital facility from an asset based lender.
  • Represented an asset based lender in the restructuring of a $5 million letter of credit placement in a debtor in possession transaction with a private company in the financial services business.
  • Represented an asset based lender in connection with a $15 million working capital loan for a private company in the oil freight business.
  • Represented an asset based lender in connection with an $18.4 million loan to a private company in the financial services business secured by stock and other assets.
  • Represented an asset based lender in connection with a $25 million working capital facility to a private company in the auto parts business.
  • Represented an asset based lender in connection with modification of a $60 million facility to a warehouse manufacturing company.
  • Represented Brown Shoe Company, Inc.  in a $350 million working capital facility.
  • Represented a private company engaged in the recycling business in a $45 million credit facility.
  • Represented a public company borrower in the trucking industry in connection with a $150 million working capital loan, $75 million from an asset based lender and $75 million from the private placement of promissory notes.
  • Represented a portfolio company of a private equity fund as the borrower  in senior and mezzanine U.S. and Canadian credit facilities aggregating $45 million in connection with an acquisition.
  • Represented a privately held company engaged in the wholesale meat business in acquisition and working capital credit facilities aggregating $11 million.
  • Represented an asset based lender in connection with an $8 million revolving credit facility to a privately held wholesale distributor of replacement light bulbs.
  • Represented the borrower, a major wholesale supplier of food and non food products, in connection with a $6 million credit facility from a private investment group.
  • Represented the borrower, a pork processor, in connection with a $15 million credit facility from an asset based lender.
  • Represented a mezzanine lender in a $2.65 million loan to acquire a janitorial services company.
  • Represented an asset based lender in connection with a $3 million revolving credit facility to a private manufacturer of wireless products and services.
  • Represented an asset based lender in connection with a $5 million revolving credit facility to a privately held steel service center.
  • Represented an asset based lender in connection with a $4 million revolving credit facility to a privately held meat distribution company.
  • Represented an asset based lender in connection with a $6 million revolving credit facility to a privately held food products manufacturer.
  • Represented an asset based lender in connection with an $8 million revolving credit facility to a privately held equipment manufacturer.
  • Represented an asset based lender in connection with a $4.2 million revolving credit facility to a privately held manufacturer of air and electrical hoses and control valves for the truck and trailer industry.
  • Represented an asset based lender in connection with a $3 million revolving credit facility to a privately held manufacturer of steel products.
  • Represented an asset based lender in connection with a $7 million revolving credit facility to a privately held automobile parts manufacturer.
  • Represented an asset based lender in connection with a $4 million revolving credit facility to a privately held steel products manufacturer.
  • Represented an asset based lender in connection with a $31 million credit facility to a privately held automobile parts manufacturer.
  • Represented an asset based lender in connection with a $15 million revolving credit facility to a privately held gypsum board  manufacturer.
  • Represented an asset based lender in connection with a $3.25 million revolving credit facility to a privately held steel products manufacturer.
  • Represented an asset based lender in connection with a $15 million revolving credit facility to a privately held company in the business of producing ethanol fuel.
  • Represented the borrower, an office products manufacturer, in connection with a $1 million revolving credit facility from an asset based lender.
  • Represented the borrower, a court reporting company, in connection with a $39 million revolving credit and mezzanine loan facility to finance acquisitions.
  • Represented the borrower, a textile manufacturer, in connection with an $11 million asset based loan to finance an acquisition.
  • Represented the borrower, a fast-food restaurant franchise, in connection with an $18 million asset based loan.
  • Represented an asset based lender in connection with a $12.5 million revolving credit facility to provide working capital for a private company engaged in the sale of IT products and interactive whiteboard solutions for the education and governmental markets.
  • Represented the borrower, a multinational manufacturer of technical paper and specialty paper products, in connection with a $210 million asset-based revolving credit facility to finance its corporate spin-off, working capital and certain acquisitions.
  • Represented the borrower, a company providing liquid handling solutions, in connection with a $2.5 million term loan and a $21 million asset-based revolving credit facility.

If you would like more information about Bryan Cave’s Asset Based Lending Team, please call the team leader, Paula Pace at 314-259-2226.