Capitalization and Financing

Business Capitalization and Financing

As businesses grow, they often seek external financing to help expansion efforts.  Financing may also be desirable for increasing cash flow or to acquire a project or company.  We assist business in all aspects of recapitalization and external financing.

Structuring Financing Transactions

In some cases, companies will be able to obtain conventional bank financing.  We assist companies in loan document review, and provide advice in key aspects such as covenants and security matters.

In other cases, companies may seek non-bank financing solutions.  In these cases, structuring a financing transaction will be unique to every company.  With some companies, additional common stock may be issued through a non-public transaction.  Other transactions may be more complex, such as the issuance of convertible preferred stock, which may be subject to a host of rights and obligations between the company and the new investor.

In some instances, the structure of the existing company will not accommodate the specific investment desired.  In these instances, a new company may need to be formed with a different capitalization structure, with the existing company merged into the new company.

We Help Businesses in All Aspects of Financing, Restructuring, and Recapitalization

Our services include:

  • Providing counsel on the various forms of financing that may be available based upon the objectives of a business
  • Preparing and negotiating a Letter of Intent regarding the transaction
  • Preparing and negotiating the definitive financing agreement and documents
  • Providing counsel on securities laws that may be applicable
  • Assisting with due diligence and related matters
  • Preparing closing documents and assisting with any post-closure matters

If your firm is considering external financing, we would invite you to call us so that we may learn about your financing objectives.