Transactional Matters

Typically, initial engagements involve preliminary negotiations and potential restructuring of the loan relationship between a lender and borrower.  Through a depth of experience in handling various forms of collateral and loan structures, Walding, LLC has an ability to delve into a loan relationship to devise the obvious and not-so-obvious avenues to leverage mutually beneficial results for both lender and borrower.  While the following examples are rather vague to ensure preservation of attorney/client privilege, engagnements include:

  • Navigating purchase out of bankruptcy of commercial property and following through in legal aspects of developing the property for development and tax incentives - including Opportunity Zone impact - and eventual leasing of property to other commercial interests.

  • Out of court sale and restructuring of a metal fabrication company enabling first lienholder to be paid in full as well as trade creditors thereby saving jobs for employees of selling entity.

  • Negotiations with various franchisors for funding acquisition and working capital needs for franchisees throughout the state of Alabama.

  • Collapse and restructure of $3 million of variable rate demand notes into promissory note secured by numerous fast food franchise locations throughout Alabama followed by restructure of the loan relationship divided into two separate borrower entities with various collateral.

  • Completed a warehouse line of credit transaction in which a manufacturing client was able to provide a line of credit to its dealers enabling a bridge for end customers to acquire a product prior to the end customer's acquisition of long term financing.

  • Reduction of lender's exposure to borrower over several years via variations in guarantor exposure and fluid security position in collateral to facilitate borrower’s continued business operation through economic transition.

  • Sale of $2 million loan relationship secured by numerous single family and multi-family rental properties from lender to third party allowing lender to exit relationship without foreclosure or similar ownership in properties.

  • Numerous loan restructures in which single loan relationship is restructured to allow additional collateral to enter lender’s collateral base enabling borrower to achieve acceptable collateral value proportional to risk exposure for loan.

  • Negotiated turnover of commercial real estate securing loan relationship in the event loan performance goals are not achieved in order to reduce client costs in the event of ongoing default and allow borrower to continue to operate business during turnaround.

  • Represented lender in $1.8 million VRDN loan restructure for fast food restaurant franchises in North Alabama

  • Represented lender in state court litigation and out of court workout involving $1.1 million in debt, resulting in auction/foreclosure as part of client’s recovery efforts

  • Represented lender in federal bankruptcy court adversary proceeding related to secured loans

  • Represented health care provider as ground lessor and tenant in the sale of $53.7 million  professional office complex (spearheaded the closing with escrow agent with 48 hours notice)

  • Represented developer in $9 million sale and loan assumption

  • Represented health care operator in sale of $2.7 million health care facility

  • Represented large commercial real estate company in leasing of commercial site to national company

  • Represented health care operator in $5 million refinance of assisted living facility/nursing home

  • Represented health care facility comprised of thirty owners (privately held entities and individuals) in a complex $9.4 million refinance of construction loan

  • Represented land owner in $5.7 million proposed quarry site in Shelby County, Alabama, dealing with issues of drainage, involving ADEM and Corp of Engineers and various engineering firms

  • Represented public corporation in $22.5 million acquisition of water treatment plant and subsequent acquisition by private corporation

  • Represented national corporation as buyer/borrower in the purchase of $600,000 commercial site in Madison County, Alabama

  • Represented buyer/borrower in purchase of $600,000 site for health care facility in Lawrence County, Alabama

  • Represented buyer/borrower in $4.5 million purchase of an existing golf course and residential area

  • Represented condominium developer in litigation, $1.3 million purchase and development of downtown landmark