Attorneys in Morgan Lewis’s ESOP Lending Practice represent lenders and borrowers in financing transactions involving ESOPs. For commercial lenders looking to provide creative solutions to their customers’ financing and business needs, ESOPs have much to offer. Tax incentives make ESOP loans advantageous by enhancing borrowers’ cash flow as compared with traditional corporate loans. Our attorneys focus on counseling lenders regarding the unique issues raised by ESOP lending and in negotiating and documenting ESOP loans.
Through a combination of our ESOP and finance knowledge, we are able to provide high-caliber of representation to lenders engaged in ESOP transactions, ranging from simple working-capital revolvers to complex management buyouts or private equity transactions.
Our ESOP Lending Practice offers the following services:
- Counseling on loan agreement structure (including senior, mezzanine, and subordinated loans)
- Counseling on legal requirements unique to ESOP lending transactions
- Negotiating and drafting loan documents and related security agreements
- Due diligence with respect to ESOP documentation and implementation