Practice Areas Practice Areas

Lending Transactions

Commercial lending transactions are a principal focus of ZEK. We are experienced in many types of secured and unsecured transactions involving varied collateral, such as accounts receivable, commodities, inventory, equipment, real estate, health care receivables, certificated and uncertificated securities, partnerships and limited liability interests, intellectual property rights and other general intangibles. We think that it’s fair to say that ZEK has represented its various lender clients in every conceivable type of commercial loan.

We routinely document industrial development bond transactions and for many years represented lenders in the motor vehicle and marine floor plan lending business. In addition, we are familiar with all sorts of specialized collateral and their nuances such as taxi medallions, objects d’art, gas stations and convenience stores located therein, notes and mortgages in connection with warehouse lines of credit to other lenders, wine futures, seafood, fruit and vegetable imports, and foreign manufacturers with supply contracts for their goods in the United States. We also document loans to not-for-profit entities such as schools, religious organizations, charitable, public interest and art-related entities, often secured by unusual collateral such as government grants and donations.

ZEK also has particular expertise in documenting loans to companies in the apparel business. This includes issues regarding letters of credit and concerns regarding investments in and importing inventory from such places as China, Pakistan, India, Bangladesh and the Philippines. We are also knowledgeable regarding the importance of trademarks and trade names in this industry and obtaining security interests on such assets in the federal registries. Additionally, we have dealt with loans secured by office condominiums for show rooms and warehouses, borrower owned and outside owned warehouses and dealt with issues regarding liens and documents of title.

Through our hospitality practice we have particular expertise in lending to hotels, health clubs, taverns and restaurants, which may include real estate in the case of hotels but are really loans to the ongoing business. We are familiar with the specialized covenants that are common to such loan facilities.

ZEK has substantial environmental law experience as it relates to contamination and remediation issues regarding structural problems such as asbestos remediation and sub-surface concerns such as underground storage tanks. Obviously, these issues can and do occur in loans secured by manufacturing facilities, automobile dealerships, residential housing, warehouses, office buildings, nursing homes or shopping centers.

For example, ZEK represented a New York banking institution in a loan secured by mortgages and leasehold mortgages encumbering 40 retail motor fuel facilities located in six counties around New York City. In addition, ZEK documented security interests in the gasoline supply contracts supporting the borrower’s operations and the inventory in the convenience stores located at the gas stations. Of necessity, ZEK’s used its experience in dealing with environmental issues to provide additional assistance to its client.

ZEK represented several New York commercial banks in connection with warehouse lines of credit, each in excess of $20,000,000. to mortgage lenders in the New York metropolitan area secured by commercial mortgage loans made by the borrower. The loan documents contained complex borrowing base covenants not often found in traditional asset based loans.

Another example is our documentation of a loan facility to a clothing manufacturer and importer that began retailing its own merchandise rather that selling its inventory to large distributers and boutiques. The bank involved issued security deposit letters of credit and a working capital line of credit. The loan facility was based on monthly borrowing base certificates and substantial sales reports from the various store locations. The loan collateral included inventory, accounts receivable and the trademarks and trade names used in conjunction with the intended use.

ZEK brings a unique business perspective to each lending transaction. We are typically able to offer innovative advice regarding the structure of a transaction in order to reduce costs to a borrower, in particular, with respect to complex mortgage recording tax issues in New York.

Our team is not only experienced but multi-disciplined. We can and do provide efficient and competent counsel to our commercial banking clients in contrast to other law firms which typically employ a large group of attorneys with varied expertise.