Private Landing & Borrowing

Private Lending & Borrowing Lawyers

Lindsay Kenney regularly advises clients in wide variety of arms length and non-arms length private lending and borrowing transactions.

We act for a number of different private lenders who provide financing in many different types of industries and sectors of our economy.  Further, if we are not advising the lender, we can advise a borrower on a private financing deal.  

Our lawyers can advise on the structuring of the financing and related security, conducting due diligence searches, and registration of security instruments against a variety of collateral. 

We advise parties on private lending and borrowing transactions, which can arise in a variety of scenarios, including but are not limited to:

  1. A loan is required because the limits of financing granted by an institutional lender are exhausted;
  2. The traditional financial institutions’ structured lending guidelines cannot be satisfied due to non-salaried income or other reasons;
  3. Financing is required on short notice in order complete a transaction;
  4. Bridge financing is required to fill in a gap that they cannot fill with an institutional lender; or
  5. The borrower and lender are related persons or entities and need to properly document the financing transaction.

The level of sophistication of the lender and borrower and the complexity of the financing structure can vary broadly. It is important to get solid legal advice early in the process before you enter into such a transaction rather than seeking remedial advice after agreeing to various loan terms.

Contact any member of our Financial Services team for assistance with a private lending / borrowing transaction