Debt Financing & Venture Lending

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Commercial and asset-based lending representation requires a broad base of legal knowledge as well as specialized expertise.  In addition to addressing the unique legal issues presented by each transaction, these lending transactions may encompass various aspects of creating, perfecting, and enforcing security interests and related bankruptcy law issues.  All of this knowledge must be applied to the transactions in a way that appropriately addresses both legal and practical business concerns

Our attorneys have extensive experience in venture lending transactions with technology start-ups and in creating and perfecting security interests, particularly in intellectual property, including patents and trademarks. Our lending practice also includes advising in connection with participation in syndicated loans and intercreditor agreements. We are also frequently engaged to assist in secured and unsecured convertible loans and advancements on equity investment transactions with high-tech companies. Our expertise also includes working out and restructuring problem credits and enforcing creditor’s rights.

We bring our background in these areas into every lending transaction we handle. Our attorneys have an understanding of the business aspects of lending transactions that enhances and adds value to their legal representation.

When representing corporate borrowers in finance transactions, we employ the experience we have gained representing commercial lenders. This results in both an efficient process and optimal legal terms for our clients.

Examples of our representation of corporate borrowers include the following:

  • Representation of a privately held Delaware company in the enterprise software sector in a USD 3 million venture lending transaction.
  • Representation of a privately held Israeli company in the wireless chipset sector in an aggregate of USD 6.5 million of venture lending transactions with a US venture lender.
  • Representation of a venture-backed private Israeli company in the CAD software sector in a USD 4 million venture loan from a US venture lender and then in a successful defence of a receivership proceeding initiated by the US-backed venture lender.
Examples of our representation of lenders include the following:
  • Representation of a European venture lender in dozens of secured loan transactions in the Israeli high-tech market, representing aggregate loans of more than USD 120 million.
  • Representation of a venture lender in connection with the sale of a portfolio company to a publicly traded US company.
  • Representation of a venture lender in out-of-court debt and equity restructuring, whereby the venture lender took control of the defaulting debtor, injected fresh capital and began to operate the business.
  • Representation of a venture lender in court proceedings relating to insolvency of debtor.