SME Commercial Mortgages

Our specialist Banking and Real Estate Finance team provides forward-thinking advice to high street banks and private lenders in managing commercial mortgage transactions across a range of industries, including but not limited to, hospitality, commercial offices and the care and education sector.

We draft finance and security documents, intercreditor and cross-collateralization arrangements in both standard commercial mortgages, re-financing and bridging transactions and are experienced in advising on multi-security arrangements. Documents include:

• Legal charges

• Debentures

• Share charges

• Personal guarantees

• Deeds of priority/subordination

• Duty of care deeds

• Corporate guarantees

• Costs overrun guarantees

• Assignment of life policy

In undertaking legal due diligence, we report to the lender on the assets offered as proposed security be it fixed or floating charges on real estate assets or commercial assets including share charges and IP. Our reporting is tailored to a lender’s specific requirements, and we are pleased to be able to work with clients to offer solutions based advice to any issues identified as-and-when they arise, so they can be suitably resolved prior to anticipated drawdown.

For more information on how we can assist with your commercial finance offerings, please contact David Powell.

Recent completed transactions include:

• Advised a peer-to-peer lending institution on all aspects of a Recovery Loan Scheme commercial mortgage facility to fund the acquisition of large office building subject to existing operating company and trading company leasehold interests, including drafting and negotiation of all finance and security documents with institutional funding line and borrower’s solicitors and handling all due diligence and reporting aspects. (£4,225,000)

• Acted for a lender in an acquisition and refurbishment deal of former offices converted into a childrens day nursery, including drafting and negotiation of all finance and security documents.

• Advised a peer-to-peer lending institution in relation to acquisition of a care home property and business, including drafting and negotiation of all finance and security documents and review of asset purchase agreement.

• Advised a lender in relation to a circa £1 million commercial refinance of a hotel and wedding and events venue.

David Powell, Partner and Head of Business Law Direct: 01483 752726 Email:  david.powell@twmsolicitors.com

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