Loans and Leasing
Our experience encompasses a full spectrum of representation aimed at protecting the interests of clients involved in unsecured and secured loans, equipment financing, inventory financing, equipment leasing and real estate leasing.
We provide expertise in a wide variety of sophisticated financial transactions. We understand that one of our most important services to enhance our client’s bottom line is to help our client avoid contractual oversights. We pride ourselves on our experience in negotiating and drafting effective agreements that ensure the maximum protection of our client’s rights and enforcement opportunities.
KMKSC attorneys can assist in the drafting, structuring and documentation of all manner of transactions relating to the advance of money or credit and lease transactions, such as:
- Preparation and implementation of standardized loan or lease documents for general utilization by our client, including General Business Security Agreements.
- Consideration and drafting of customized documents to address the requirements of particular loan or lease transactions.
- Preparation and implementation of consignment agreements.
- Preparation and implementation of floor financing and field warehousing agreements.
- Assist clients in developing in-house practices and procedures for establishing loan documentation, security documents, consignment agreements, lease agreements, and other credit or leasing arrangements.
- Negotiation of “work-out” arrangements for troubled accounts and preparation of “work-out” documentation and supplemental collateralization documents as may be needed to shore up a client’s loss exposure, including the “policing” of same.
- Perfect arrangements for an orderly liquidation of the collateral or recovery of leased assets, including taking on the duties of such liquidation.
- Consideration of and preparation of documentation and implementation of arrangements to buy or sell loan portfolios or leases.
When legal proceedings are required to assert our clients' rights, KMKSC lawyers exercise extensive experience in actions to recover balances due on notes and guarantees, liquidation of accelerated lease balances, real estate foreclosure actions, proceedings for the appointment of a receiver to take control of a debtor’s assets, repossession and replevin proceedings, eviction proceedings and enforcement of rights in bankruptcy or receivership proceedings (also see our Creditors’ Rights section for more information). Our seasoned attorneys are well equipped to “cut through” defenses or counterclaims a debtor may attempt to interpose in any such proceedings to stall or prejudice the interests of our clients.
KMKSC is the “one-stop shop” for a creditor, lender or leasing company involving customers, collateral and leased assets spread out over a multiple of states or countries. Wherever they may be located, KMKSC’s attorneys have a strong history of recovering indebtedness, collateral and leased assets.