Asset-Based Lending

Markus Williams Young & Hunsicker’s Asset-Based Lending team consists of highly skilled attorneys with decades of experience representing lenders in all phases of asset-based lending transactions. We have built a strong understanding of the business of asset-based lending which allows us to think outside the box and creatively solve complex and unusual problems. Because our team consists of both transactional attorneys and workout and bankruptcy attorneys, we are able to craft agreements that are flexible and meet the business needs of the lender and the borrower while also protecting the lender should the transaction go into workout or liquidation.

How Can We Help?

Our attorneys have extensive knowledge in the negotiation and documentation of all aspects of an asset-based loan, including third party agreements, such as landlord and warehouseman waivers and licensor agreements, and tailored security agreements covering special collateral, such as intellectual property, ownership interests and deposit accounts.
We offer expert advice on intercreditor and subordination issues.
Thanks to our deep agricultural lending team, we can help navigate the difficult and often unclear issues related to PACA and PASA.
Because our attorneys work in conjunction with the firm’s Bankruptcy and Restructuring team, we are able to anticipate issues and address them up front and provide representation should a borrower fail.
We have deep experience in cross-border transactions.
We can tailor a transaction to the particular needs of the industry of the borrower, having worked on deals in a myriad of industries, including agriculture, healthcare, telecommunications, and technology.

Why Markus Williams Young & Hunsicker?

Our success is attributable to our understanding of the arc of an asset-based lending transaction. Because we use an integrated approach across specializations, we are able produce loan documents that address the specific needs of an asset-based transaction while protecting the lender in the event of a workout or liquidation.