UNDERSTANDING YOUR PERSPECTIVE
We’re proud to be known for our leading general banking and lending, leveraged finance and real estate finance work with a strong reputation for representing borrowers and lenders on a broad range of deals.
Our team has a wealth of expertise and experience, including many years gained in-house, so when we say we understand things from the lender’s perspective, we really do.
WHO WE WORK WITH
We work with banks, building societies and private operators on wide range of different finance matters across various sectors including the funding of corporate acquisitions and structuring of such transactions.
We equally work with a number of borrowers in their varying forms, from individuals to multi-national firms, and use our specialist knowledge and insights to guide borrowers through what can be a complex process, aiming to make it simple and stress free.
WE ASSIST, GUIDE AND
Corporate Banking plays a significant role in a company’s finance planning, capital structuring and investment decisions. We frequently advise, guide and assist a range of entities on corporate loans and refinancing structures, in order to allow for their smooth day-to-day running and achieving their long-term financing goals.
Our expertise and experience means we are skilled in drafting and successfully negotiating key financial documents such as loan agreements, security documentation, equity agreements and any guarantees you may need.
We often advise within the syndicated loan market and being members of the Loan Market Association means the team here at EMW are best placed to ensure you have confidence when working on your LMA transactions.
Acquisition finance spans a range of financing products and structures with the purpose of purchasing a company through its shares or assets, often via a SPV in order to mitigate the inherent risks.
We advise on the issuance of loans, bridging debt and high yield bonds from commercial banks and private equity investors.
We have a rich history of acting on all sides of leveraged deals and we have extensive experience in negotiating and drafting the key documents for standard and bespoke transactions.
We work hand in hand with our in house Corporate team to ensure you receive the right advice on the facility agreements, security documentation, inter-creditor deeds and anything else your transaction may require.
We assist, guide and advise on multi-jurisdictional transactions and are well equipped to work hand in hand with foreign lawyers to ensure any foreign assets or cross border security is handled with confidence.
Covering a range of financial products and transactions, trade finance helps to mitigate and reduce the risks involved in trade transactions. Typically, these transactions involve banks or other intermediaries extending loans to act as working capital or production costs for goods and services. The sale proceeds are then used to repay the loan.
Trade finance can often involve multiple jurisdictions for which our team our highly experienced. We’re able to work together with foreign lawyers to ensure a cohesive approach to your legal advice.
We are frequently involved in negotiating term sheets and facility agreements, including for syndicated agreements.
We also have relevant expertise and experience in the specialist of drafting and negotiating subordination and inter-creditor agreements, along with security documentation and any guarantees and indemnities required.
We are regularly involved in complex structured financing for large companies and organisations, where typical financial products will not suffice. Structured finance is often used in emerging markets, helping to mitigate risk as well as develop the market. This financing method is often useful in the restructuring of debt to allow for access to working capital.
We advise on schemes such as securitisation via the use of a special purpose vehicle (SPV) in order to mitigate the exposed credit risk. The scheme payments are then only dependent on the performance of the exposure. We have the specialist expertise to help you with the drafting and negotiating all the vital trust documentation you may need, alongside sale agreements, security documentation and deeds of priority.
The repackaging of security is another type of structured finance our team are able to help you with. Repackaging is the conversion of a debt security characteristic which allows for credit risks to be mitigated, again, through the use of an SPV. We frequently draft subscription agreements in these matters and know the importance they play, especially in regards to warranties, indemnities, conditions precedents and details of payment.
We work with a range of lenders on matters including mortgage regulation, payment services regulation, retail banking, recoveries and general commercial advice. Our clients in this field include a broad range of building societies, credit unions, private and offshore banks and non-financial institutions providing credit, such as universities and franchise networks.
Real estate finance generally involves a multitude of parties and a range of financial products including loans, syndicated loans and development finance in order to provide for a wide range of commercial property purchases, investments and developments.
Trust our team, as they are well versed working within volume real estate finance and development finance, commonly involving special purpose vehicles to allow you to fund and develop your property or land purchase with confidence.
We are proud of our reputation for successfully negotiating and drafting key documents such as the pre-sale agreements, investment agreements, facility agreement, bespoke warranties and managing the highly important conditions precedent.
We are highly knowledgeable on LMA transactions involving any form of Real Estate Finance, such as investment or development loans, and frequently advise parties on these terms.
In addition, our specialist Planning and Construction teams ensure you receive expert advice and a well-rounded approach to your real estate transaction.
As part of the move towards a more sustainable future, we are often involved in loan and investment work that supports the environment and helping to funding flow to more eco-friendly and green developments.
If your business is looking to invest in companies or developments that are both good for you and more environmentally friendly, please get in touch as we would love to assist.
We have extensive experience in negotiating green investment and loan agreements. Currently, no standard or customary market trading terms exist in relation to green finance loans, however, we can help you to incorporate common factors involved and any bespoke terms you may need.
Project financing allows for the deflection of major investment risk whilst raising funds for a considerably lower cost, at the benefit of both parties.
We work with clients to find and secure the right solution for their long-term infrastructure and project financing, usually based on the forecasted project cash flow, rather than via a balance sheet. We’re able to help draft and negotiate the contractual documents that play a major role in the transaction as well as managing any associated risks.
As a business EMW have access to a wealth of dedicated teams and their skillsets to enable us to provide advice and negotiate financing agreements, inter-creditor agreements, project management agreements and contracts, equity investment agreements and any shareholder or joint venture agreements you may need.
Typically, the financing in these transactions will be secured by all of the assets within the project. We are also able to help draft and negotiate the vitally important security documentation.
If your company has a requirement to open up a line of credit or make use of a loan and wish to secure it with tangible or intangible assets, we are here to help. Our team is experienced in advising the various parties involved in asset based lending (ABL) where funds are typically advanced based on a percentage of the asset value, in comparison to a classic loan, where cash flow is fundamental.
ABL allows for corporate risks involved in the transaction to be greater mitigated as lenders will use asset based considerations, such as if the asset is fixed, as opposed to corporate considerations.
Our expertise means we are proficient in drafting and negotiating highly complex facility agreements, security documentation, financing or operating leases and all of the necessary ancillary documents.
There is frequently an international element to the transactions we advise, guide and assist with. It may be that the borrower is based offshore for tax planning purposes or it may be that the business is headquartered in the UK, with subsidiary operations elsewhere.
Our experience managing foreign counsel on financing transactions ensures that the right level of foreign law advice is provided to our borrower and lender clients. Co-ordinating the efforts of lawyers in different parts of the world is a skill within itself and with our collaborative approach we ensure the whole process is a smooth one.
We also believe that the fact that we are not tied to, or directly associated with a particular firm or group of firms abroad means that we are able to choose the right firm to work with on a case by case basis and according to the particular project that is in hand.
There are a lot of moving parts when selling a business. Having a legal team that do what they say they will, when they say they will with professionalism and clarity makes the process significantly easier. I can’t speak highly enough of EMW.
The team at EMW did a fantastic job for us from start to finish, including initial discussions, reviewing options, engaging with all parties involved in the deal, preparing and explaining the thorough legal documentation and addressing any risks or concerns. This was all done within the expected timescales and to the satisfaction of the entire MBO team which has given us a great platform from which to continue the sustainable growth of Darke & Taylor as an owner managed business.
It was an absolute pleasure working with Tracy and her team at EMW, they made it very easy every step of the way. I would recommend them to anyone going through the same process. Thank you Tracy and thank you EMW.
EMW have been incredibly supportive in guiding Reformis through the transaction, providing excellent advice and direction. Their engagement with Deloitte and overseas counsel was efficient, pragmatic and always professional; a pleasure to work with.