Finance Facility Agreements: Investment Lawyers

Our expert team of Loan Agreement Solicitors apply years of knowledge and experience to help businesses access the finance they need to achieve their commercial objectives.

We understand the importance of dealing with transactions quickly and efficiently, which is why we do not pick arguments or delay matters by insisting on unnecessary pedantry.

We give practical, to-the-point advice, offering solutions rather than just flagging problems and we provide clear guidance to allow you to understand and manage risks associated with a transaction.

Our team understands how the credit process functions and looks to establish clear and effective means to communicate with you, your valuers, and other professionals, providing you with expert advice on the transaction throughout.

We always ensure that matters are dealt with in an appropriate way and manage parties’ expectations to make certain that everyone involved is satisfied with the outcome.

We proactively seek ways to assist you and your business over and above day-to-day transaction advice. For example, we will make you aware of market changes and new issues affecting your lending and security and look for ways to help you develop new business opportunities.

Some of the key areas we advise on include:

  • Loan agreements
  • Acquisition and asset finance
  • Property and development finance
  • Debenture and share charges
  • Guarantees
  • Intercreditor deeds

Whatever financial security matters you need help with, our team will be here to help.

To discuss your finance, security and investment needs with an experienced Banking and Finance Solicitor, please call the number at the top of this page, or leave your details using the enquiry form and we’ll call you back.

We will always respond promptly, and we will be happy to help.

Loan agreements

A loan agreement sets out the terms on which a lender will provide financing for the borrower.

These agreements can be incredibly complex and filled with jargon, so it is advisable to seek assistance from an expert banking and finance solicitor.

In broad terms, loan agreements typically include the conditions that must be satisfied before funds are released, the interest payable, when and how the loan will be repaid and how the lender will be protected in the event of default.

The agreement surrounding events of default should be tailored and negotiated as appropriate for your specific transaction. These clauses define when and how a lender could demand early repayment of a loan so it is essential that your interests are adequately protected here.

We have a great deal of experience of structuring, negotiating and drafting loan agreements to suit the unique circumstances of the transaction for all those involved.

We pride ourselves on delivering expert guidance to lenders and borrowers of all sizes, ensuring a mutually beneficial outcome.

Acquisition and asset finance

For companies looking for finance to fund the acquisition of another business, there are a number of choices.

A traditional bank loan is the most common method but there are specialist lending services too.  For companies that do not meet a bank’s requirement there may be options with private lenders.

Our expert Facility Agreement Lawyers will ensure that the route you take is aligned with your business objectives effectively and sustainably.

We examine your business, your challenges, and your aspirations in depth so we understand what you require within the full context of your business for the current acquisition and beyond.

Property and development finance

Depending on the type of project you are embarking on, there is a wide range of finance options available. You might want a ‘refurbishment bridge’, to cover building costs over a short period, or you might need ‘development finance’ to cover both land purchase and building costs.

Getting the right finance in place is a crucial factor in the success of a property development project.

Property and development finance is a complex area. We take a commercially minded approach to ensure deals are structured in line with commercial objectives and within budget, drawing on expertise from key members of our other departments, including corporate, insolvency, commercial property, and dispute resolution.

Some of the areas our property finance lawyers can assist with include:

  • Traditional loans secured against a property
  • Intra-group charges
  • Deeds of priority between lenders
  • Advice on loan agreements, debentures and floating charges
  • Preparation and negotiation of Certificates of Title
  • Acquisition and investment financing
  • Property development and construction financing
  • Bridging finance
  • Joint ventures
  • Refinancing

Debentures and share charges

A debenture is a document setting out the terms and conditions of a loan.  It provides security to the lender if the borrower becomes insolvent. A debenture gives lenders a priority position in the list of companies or people who’ll get their payment if a company becomes insolvent.

Put simply, a debenture grants lenders a charge over a borrower’s assets, to reduce their exposure by providing a means of collecting debt if the borrower defaults.

They are commonly used by banks when providing high-value funding to larger companies. 

Guarantees

Lenders often require supporting security for their loan.

This is sometimes provided by a personal guarantee in which an individual agrees to be responsible for the financial obligations of a borrower.  If the borrower fails to pay the amount owed, the guarantor becomes responsible for doing so.

If it’s a new business, or the company already has significant borrowings, it’s likely that the directors will be asked to give personal guarantees, limited to a fixed amount, to support the company’s borrowing.

Before you become a personal guarantor, you should seek legal advice to ensure you fully understand the contractual relationship you’re entering, and the consequences of the guarantee being enforced.

Intercreditor deeds

An Intercreditor Deed, or Intercreditor Agreement, is a document signed between two or more creditors stating how their competing interests will be resolved.  The agreement typically ranks, in order of priority, the amounts owed by the borrower. This set up is often reinforced by the structure of the deal itself whereby senior and junior lenders hold debt or equity in the borrower’s business.

Due diligence

For a lender, proper due diligence is essential when considering offering finance to a borrower.  At Lupton Fawcett, our dedicated Finance, Security and Investment Solicitors will endeavour to exceed your expectations with a proactive, conscientious approach to the process of due diligence so that you’ll feel confident that the investments you make will be both secure and profitable.

Talk to our Finance Facility Agreement Solicitors today 

For more information on any of the above, contact one of our Yorkshire offices or fill out the enquiry form.

Lupton Fawcett are a leading personal and commercial law firm in Yorkshire with well-established offices of highly experienced solicitors in Leeds, Sheffield and York.

We have spent over one hundred years using our legal skills to help you through difficult, complicated or emotional times.  Within every area of law, we put your interests first.

We provide a personalised service, with sector specialists and extensive resources to ensure we are giving you the best solutions to your problems.

Lupton Fawcett has long been recognised for our expertise in finance, security and facility agreements.

Our Banking and Finance Solicitors act regularly for clients across the United Kingdom including Bradford, Birmingham, Hull, Liverpool, London, Manchester and Nottingham.

We can support your needs wherever you live in England, Wales & Northern Ireland.

Call today or complete the enquiry form and we will get back in touch with you quickly.  We will always respond promptly, and we will be happy to help.

He is very approachable. He is professional and provides a same-team approach, which is welcome.

Chambers and Partners 2019

Michael has been recognised by Chambers & Partners for his work in the Yorkshire banking and finance community and has been described by them as a "rising star" and a "good operator who is definitely one to watch"

Why Choose Lupton Fawcett?

Having advised and supported many local families, individuals and businesses, we are proud to offer clients a dedicated service from specialist solicitors who are experts in their field:

We're Award Winning

We were awarded the Legal 500 HR/Employment Law team of the year in 2017

We're Connected

We're connected to the people, businesses and infrastructure throughout Yorkshire

We Put You First

You can be sure to expect superb client service from us. Our clients are our priority

We're accredited

Recognised by leading Legal Directories Chambers & Partners and the Legal 500

Get In Touch Today!

Get In Touch Today!

Please complete this form to make an enquiry and we will get back to you as soon as we can.

Remember you can still call us on 0333 323 5292 or email us at law@luptonfawcett.law

  • This field is for validation purposes and should be left unchanged.