Asset-Based Lending

Morrison & Foerster represents domestic and foreign clients in structuring asset-based lending transactions, creating and perfecting security interests in real and personal property throughout the world, working out and restructuring problem credits, and enforcing creditors' remedies. We act for lenders, borrowers, and others. Our asset-based lending attorneys are experienced in identifying and resolving bankruptcy, tax, and environmental law issues. We also have particular expertise in complex inter-creditor issues, including senior and subordinated indebtedness, liens, payment blockages, and standstill provisions.

We have advised on asset-based lending transactions involving numerous industries, including advertising, apparel, electronics, finance, healthcare, insurance, manufacturing, media, real estate, retail, automotive, software, telecommunications, agricultural and food products, forest products, and transportation.

Increasingly, asset-based lending transactions involve cross-border guarantee and collateral issues. Our international presence and established relationships with international counsel enable us to provide premier cross-border legal advice in transactions with international secured lending issues. Our lawyers have extensive experience in documenting transactions with challenging collateral issues, including the specialized issues associated with intellectual property collateral. Our lawyers are also well-versed in the intricacies of revised Article 9 of the Uniform Commercial Code.