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banking and
finance
The banking and finance sector is operating in an increasingly complex playing field, where the regulatory goal posts are constantly moving, and the stakes are sky-high. For lenders, financing a deal has never been more make or break.
Macpherson Kelley has the tailored industry-focussed expertise that complex B&F advice demands. Having advised numerous banks, private lenders, other financial institutions, and equipment finance intermediaries, our banking and finance team has in-depth experience with residential and commercial lending, corporate lending, loan recovery and asset finance. We are also an AFIA member and service provider – trusted by Australia’s finance sector to provide straight-talking advice.
Whether we are working with a large private lending group on a multi-million dollar loan transaction or structuring a new acquisition, we prioritise your best interests with a commercial approach. For efficiency, we maintain a generic suite of lending documents but can just as easily adopt a client’s specific documents to meet their individualised needs when required. We also have extensive experience with preparing customer-facing rental and other finance agreements for general use by equipment financiers and intermediaries with their customers.
Macpherson Kelley has offices all along the Eastern seaboard and have established agency arrangements to service lending across every state in Australia.
services
- Due diligence and loan structuring
- Loan and security documentation
- Construction lending, including Tripartite deeds
- Deeds of Priority/Subordination
- Complex loan structures – eg profit share, mezzanine
- Asset finance and structured finance
- Asset finance-specific funding facilities including limited recourse loans, principal and agency arrangements, sale of receivables, residual value guarantees and securities in bank accounts and contractual rights
- Corporate and business lending
- Lender structuring
- Mortgagee in possession sales and enforcement generally
- Licensing and compliance advice
- International finance arrangements
- Personal Property Securities Act (PPS) advice, unfair contract terms (UCT) advice, anti-money laundering and counter-terrorism financing (AML-CTF) advice and privacy (including credit reporting) advice.
recent experience
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Early growth stage fintech
The team acted for an early growth stage fintech and provided services across the whole of their legal requirements. This included restructuring and equity raising in the operating entity, internal corporate governance, shareholders/subscription and option agreements, a $33M working capital facility which involved warrant deeds and intercreditor/ subordination agreements along with associated due diligence reviews on internal facility documents including review of compliance with the National Credit Code and associated Legal Opinions.
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Bespoke financing arrangements for government
The team acted for an equipment finance intermediary that coordinated bespoke long-term arrangements (involving the provision of finance and services) between a government entity, a major bank and a major supplier of medical equipment.
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Hybrid debt/equity funding
The team acted for a client looking to gain funding through equity and convertible notes of circa $50M across three entities. This included Unitholders/Shareholders, Subscription Agreements, Unitholders/Shareholders Agreements, Convertible Note Deeds (secured) and associated mortgage, intercreditor and tripartite arrangements.
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Complex $6M lending transaction settled within 24 hours
The team acted in a complex lending transaction where the senior debt was settled in less than 24 hours with circa $6M in loan funds. The transaction included a senior and two junior debt facilities, two deeds of priorities and subordination structuring of the senior financier trusts structure and co-ordination and negotiation with all relevant stakeholders.
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Specialist motor vehicle financier
The team acted for the wholesale floorplan finance division of a leading Australian specialist financier of motor vehicles and equipment. We established a matter management system and developed precedent documentation which reduced legal risk, improved control of matters resulting in better reporting and increased efficiency.
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