Banking and Finance

Barton’s banking and finance practice advises clients on sophisticated lending transactions and complex financial instruments in both the domestic and cross border market.

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Asset Based Lending

Barton’s asset based lending attorneys specialize in the documentation, negotiation and structuring of secured financial transactions. Our clients in this sector include a Fortune 50 company, financial institutions such as domestic and foreign banks, commercial finance companies and insurance and leasing companies. Such secured transactions include loans and leases, syndications / participations, chattel paper portfolio purchases, structured credit facilities (both secured and unsecured) and aircraft lease financing. Our expertise includes domestic and cross border transactions and we are familiar with international market conventions, intercreditor concerns and the challenges of perfecting security interests in international collateral.

Banking

Barton’s banking practice covers the organization, ownership and operation of banks and depository institutions, mortgage banks, and other providers of financial services regulated by state, federal and other banking regulators and holding companies. It also covers representation of banks and other financial organizations with respect to regulatory compliance matters.  Our practice also includes advice and representation with respect to fiduciary activities, securitizations, payment systems, electronic banking, data security and risk management. It also covers corporate organizational and ownership issues involving financial holding companies, bank holding companies, banks and other regulated entities.

Derivatives

Barton’s derivatives team advises providers and end-users regarding all categories of derivative products including credit, equity, energy, weather and commodities derivatives as well as securities lending, FX products and repos. We also have experience with forwards, options and sophisticated hybrid securities and the related margin and collateral issues. We are supported by the firm’s Financial Services practice group who provide current and sophisticated guidance on evolving CFTC issues applicable to derivatives. Our practice includes representation of domestic and foreign banks as well as investment advisors, and we are knowledgeable of domestic and cross-border collateral structures. We work with our clients to develop strategies which achieve the desired legal, accounting and business objectives.

Fintech

Barton’s Fintech practice has represented banking organizations, lending platforms, alternative trading systems and virtual currency and blockchain companies, as well as start-ups in the fintech space.We have participated in the licensing of a fintech holding company as a bank holding company, and have represented non-U.S. corporations in connection with structuring of fintech-related investments compliant with the Bank Holding Company Act and the regulations of Committee on Foreign Investment in the United States (CFIUS).   Our work in this sector has also included advice with respect to compliance with Federal and State registration/licensing requirements applicable to money service businesses and advice with respect to compliance with anti-money laundering regulations and sanctions.

Infrastructure Finance and Development

Barton attorneys are experienced advisors to sponsors and lenders on the financing aspects of infrastructure projects in various industry sectors. We advise on projects that combine different forms of structured finance techniques including monetizations, asset acquisitions, Islamic funding techniques, project bonds, securitizations, portfolio financings, restructurings, investment funds, leveraged finance, borrowing base structures and derivative products. We have experience in both domestic and international projects, and significant experience working with many global development agencies, such as the Overseas Private Investment Corporation (OPIC), the Development Bank off Latin America, the Inter-American Development Bank, and the Italian Export Credit Agency (SACE).

Leveraged Financing

Barton has global expertise with all types of leveraged financings. We are experienced in a broad range of financing products including senior, high yield, mezzanine, second lien, subordinated debt, unitranches, bridge financing and vendor financings. We offer advice on financings related to primary LBOs, secondary buy-outs, public bids, private acquisitions, public to private, dividend recapitalizations and post-IPO financings. We work alongside our Merger & Acquisition team to provide seamless delivery of corporate structuring as well as innovative financing solutions.

Project Finance

Barton attorneys assist clients in all aspects of the development, construction, financing, restructuring and purchase and sale of projects in the domestic and international market. We advise on projects involving export credit agencies, project sponsors, commercial lenders, multilateral agencies, off takers, contractors and suppliers, developers and financial investors. The depth and breadth of our industry expertise in the energy and power sectors enables us to advise clients of emerging market and regulatory issues and to structure innovative solutions.  Most recently, we have been involved in the structuring of an LNG facility in Africa.

Public Finance

Barton’s public finance attorneys are experienced in tax-exempt bond offerings, including revenue anticipation bonds, tax anticipation bonds, and project-based revenue bonds. We are experienced in the financing of public infrastructure including cultural and non-profit institutions, education and healthcare facilities, sports and entertainment venues and solid waste, drinking water and pollution control facilities. We serve as counsel to trustees, credit and liquidity providers and issuers.  We have extensive practice experience with New York’s Not for Profit Law, as well and the interplay between that statute and New York’s Religious and Charitable Institutions Laws.  Most recently, we worked on a transaction to facilitate the contribution of a portion of a mixed-use building to a Not for Profit Corporation by creating separate condominium interests for the respective for-profit and not-for profit portions of the building, facilitating the donation to the Not-for-Profit corporation.

Structured Finance

We represent clients in connection with debt, equity and hybrid financing techniques. We are experienced in the creation of special purpose entities and the structuring of transactions. We work closely with our Bankruptcy team to achieve true sale and non-consolidation accounting and legal treatment.   Our clients include banks, lessors, lessees and borrowers.  We have securitized lease payments on fleets of marine containers, railcars, farm equipment and real estate.  We have also securitized receivables generated in the franchise, royalty, copyright and mortgage servicing sector.  Additional transactions have included residential mortgage-backed securitizations (RMBS), commercial mortgage backed securitizations (CMBS) and securitization transactions involving trade receivables, auto loans, credit card receivables, tax liens and trade receivables.

Work in this Area

Banking and Finance

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