Commercial real estate financing
We advise on financing of office projects, warehouse projects, as well as shopping malls and parks.
We have experience in financing the construction and acquisition of commercial real estate properties as well as refinancing them. We advise on transactions involving single real estate projects as well as portfolio or cross-collateral financing.
Representing financing institutions, our responsibilities include preparation of legal reports on financed real estate, preparation of a complete set of finance documents and its negotiations (including a loan or leasing agreement and security documents), as well as handling the conditions precedent fulfilment process.
With refinancing, we additionally prepare and negotiate pay-off and release letters.
In property acquisition finance transactions, we also verify real estate purchase documents and negotiate price settlement mechanisms, including using an escrow or fiduciary account structure.
When preparing finance documents, we rely on established market practices whilst at the same time carefully considering the specificity of a transaction.
Representing borrowers, we negotiate finance documents prepared by a legal counsel to the financing institution and support clients at the stage of handling the conditions precedent process.
We advise on changes to already concluded finance documents regarding, inter alia: increasing the financing amount, transformation or merger of the borrower, transfer of the financed real estate.
Residential projects financing
We offer legal advisory services in relation to residential project financing transactions. For these transactions, we conduct legal audits of the financed real estate, including verification of forms of development contracts.
Moreover, we prepare and negotiate the entire package of finance documents and handle the conditions precedent process .
Hotel financing
We provide legal services for financing the construction of hotels under leading international brands (including Autograph Collection, Curio Collection, Hilton, IBB Hotels, MGallery, Nobu and Tribute Portfolio) and domestic (including QHotels). Additionally, we advise on refinancing hotel investments.
We arrange and negotiate finance documents, provide support for establishing collateral, verify the conditions precedent for the first utilisation of the loan and handle processes related to fulfilment of conditions subsequent.
We prepare legal due diligence reports of a project regarding the property legal status and key project agreements, including licence, franchise, or hotel operator agreements.
Additionally, we advise on negotiating direct agreements or non-disturbance agreements with licensors or hotel operators.
Energy sector financing
We advise on bilateral and syndicated financing transactions for the construction of energy sector projects and their refinancing.
We focus on legal support for financing transactions for renewable energy projects, both wind and solar-powered, and handling financing transactions of projects based on auction support for renewable energy or merchant risk based ones.
We prepare and negotiate finance documents (including direct agreements with suppliers of key elements, contractors of key works or maintenance services), along with verifying the conditions precedent for the first utilisation and monitor the performance of conditions subsequent in the initial financing period.
Furthermore, we prepare legal due diligence reports, especially regarding: the title to property intended for the foundation of energy-generating elements, title to real estate used to connect a project with the transmission system, contracts for the supply of wind turbines or PV modules, contracts with construction contractors and administrative issues of the investment process.
Financing of investment projects and business activities
We advise on bilateral and syndicated financing (and refinancing) transactions of investment projects as well as working capital financing transactions in various industries, including for production and services sectors.
We handle transactions involving the construction of new production plants or service centres, as well as modernisation of existing production or service infrastructure.
Our most frequently implemented projects include not only financing or refinancing of an investment project, but also refinancing the existing debt of the borrower or its capital group and working capital financing for financed entities. These projects often involve also financing of acquisition carried out by financed entities as part of an investment project.
For the needs of such transactions, we prepare and negotiate finance documents, provide support for the process of establishing collateral and verify the conditions precedent for the first utilisation. We also handle processes related to conditions subsequent obligations. This often includes release of security established for the benefit of refinanced financial institutions.
Acquisitions finance
We provide legal services for purchase or acquisition finance transactions carried out in various sectors of the economy. As part of such transactions, we advise on the following:
– refinancing of the purchaser or the target (or its capital group)
– working capital financing for the target
– umbrella financing for the entire group
– investment financing for the implementation of investment programs of financed entities.
The transactions we handle include both, purchasing shares or stocks of targets and business acquisition transactions.
For the needs of such transactions, we prepare and negotiate finance documents, provide support for the process of establishing collateral, verify the conditions precedent for the first utilisation of loan. We also handle processes related to conditions subsequent obligations.
We negotiate payment mechanisms for settlement of price for and repayment of existing debts of the target. If the transaction involves refinancing the debt of the target, we additionally advise on repayment mechanisms and pay-off and release letters.
