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Profesionalism. Idei inovatoare

Banking law. Financing by non-bank financial institutions

Our team boasts an outstanding portfolio of clients, among which banking institutions and investment groups; the legal services we are able to provide to these corporate clients cover an extensive range of simple or structured financial transactions.

  • Relevant activities

  • Relevant projects

  • Legal assistance and representation to banks for their setting-up and authorisation procedures, but also to investors in relation to acquisition of and share deals in banking entities;

  • Drafting complex banking and bank securities agreements;

  • Advice provided to companies in respect of the financing methods available for their business operations in relation to banks or other institutions, financing bodies or companies – credit institutions, investment firms, leasing companies, etc.

  • Consulting in structuring financing projects and drafting the requisite documents relating thereto;

  • Assistance and representation in banking disputes pending before the national courts of law.

  • Legal assistance provided to a foreign bank that transferred its interest in a syndicated loan to another foreign investor, the syndicated loan having been granted to a Romanian company and its shareholder, in particular as regards the transfer of securities and in connection to issues in the field of competition law.

  • Legal assistance provided to one of Romania’s largest leasing companies in relation to its day-to-day business, issues pertaining to the ability of non-bank financial institutions to grant loans, loan subordination, but also the provision of assistance during the negotiation and execution of complex financial transactions, such as:

    • A revolving loan amounting to maximum 5,000,000, contracted from a Romanian bank,

    • An irrevocable multi-optional revolving loan used in the form of down payments, through the issuance of letters of bank guarantee or opening letters of credit, up to a maximum amount of 20,500,000,

    • A syndicated term loan for an amount of up to 48,500,000 between the client, a leasing company, as debtor, and a syndicate of Romanian or foreign banks, as creditor.

  • Legal assistance provided to the debtor, a top Romanian company active in the real estate sector, with a view to receiving a loan amounting to up to 3,700,000 from a Romanian bank, including the negotiation of the relevant loan agreement and security agreements (mortgages, movable securities over shares, movable securities over bank accounts, suretyship), the purpose of the loan consisting in the development of a major residential project;

  • Legal assistance provided to a US company upon the conclusion of an international security agreement whereby the Romanian company guaranteed the fulfilment, by a foreign company, of the obligations incumbent upon the latter further to its entering into an international leasing agreement concerning an aircraft, a contract amounting to approximately $16,000,000;

  • Legal assistance and representation provided for the development of the first shopping mall-type real estate project in a large Romanian city, including in terms of the financing received by the purchaser of the land in order to develop the above-mentioned project;

  • Legal assistance provided to a leading Romanian company operating in the Western region of Romania in the real estate sector, for the negotiation of an investment loan aimed at developing a residential project;

  • Legal assistance provided to one of the worldwide leading companies active in the telecom and defence industry that planned to finance, through a shareholder loan guaranteed by mortgage on shares, a company indirectly held in Romania. Consulting supplied during the negotiations for the conclusion of a financing agreement by the Romanian company with a bank, financing guaranteed by the foreign investors through letters of corporate guarantee and the acceptance of a subordinated arrangement;

  • Legal assistance and representation provided to the Romanian shareholder of a foreign investor in the industry of renewable energy, in connection to the financing necessary for the Romanian subsidiary, including upon assessing the possibility to issue bonds;

  • Legal assistance and representation provided to a State authority upon renegotiating a loan agreement with foreign banks;

  • Legal assistance provided to a top Romanian import-export company to recover a letter of bank guarantee in the form of a performance bond, issued to a Syrian company;

  • Legal assistance and representation in court proceedings started to have the validity of a bank loan agreement ascertained;

  • Legal assistance and court representation for the termination of a real estate leasing agreement involving claims of approximately 500,000.

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© Copyright Leaua Damcali Deaconu Paunescu - LDDP 2018