News & Analysis as of

Financing Lenders Commercial Loans

Orrick, Herrington & Sutcliffe LLP

Texas enacts new disclosure and registration requirements for commercial financing transactions

Recently, the governor of Texas signed HB 700 into law, amending Title 5 of the Texas Finance Code to establish new disclosure and registration requirements for certain commercial sales-based financing transactions. Under the...more

Sheppard Mullin Richter & Hampton LLP

Texas Legislature Proposes Disclosure Rules for Commercial Financing 

The Texas House and Senate introduced House Bill 700 and Senate Bill 2677 to regulate commercial sales-based financing transactions. The proposed legislation would impose standardized disclosure requirements, require broker...more

Alston & Bird

Missouri Enacts Commercial Financing Law

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What Happened? As we have previously apprised you, California, New York, Utah, Virginia, Georgia, Florida, Connecticut, and Kansas have enacted laws that require certain commercial financing “providers” to furnish certain...more

Venable LLP

Missouri Tells Commercial Financing Providers to “Show Me” Disclosures

Venable LLP on

Missouri is the latest state to enact a disclosure requirement for commercial financing, joining the growing number of states that have done the same. California, New York, Utah, and Virginia were the first states to pass...more

Goodwin

Cash Management in Hotel Financing

Goodwin on

The financing of hotels and resorts requires balancing the borrower’s need for flexibility to successfully operate the hotel against the lender’s desire to prevent cash leakage should conditions related to the borrower’s...more

Venable LLP

New York Commercial Financing Disclosure Requirements

Venable LLP on

Providers of commercial financing that are subject to the New York State Commercial Finance Disclosure Law (CFDL) must provide disclosures to potential recipients of commercial financing at the time a specific offer of...more

McGuireWoods LLP

California Leads the Way on Commercial Lending Disclosures

McGuireWoods LLP on

In December 2022, California’s new commercial lending disclosure law and complimentary regulations went into effect, leading the way for other states to follow. The new California law imposes disclosure requirements in...more

Goodwin

Negotiating Preferred Equity Recognition Rights in Hospitality Deals

Goodwin on

In recent years, hotel sponsors and developers have increasingly turned to alternative capital sources, like preferred equity, to finance and reposition their existing assets and fund new acquisition and development...more

Miles & Stockbridge P.C.

State Commercial Finance Disclosure Law Popularity Growing: Truth-in-Lending Type Disclosures in Commercial Loans

We reported last year on New York’s newly enacted commercial finance disclosure law and the legislature’s quick pivot thereafter, expanding the law’s reach to all loans up to $2,500,000 - a change from the previous limitation...more

Poyner Spruill LLP

A Refresher on Term Sheets and Commitment Letters

Poyner Spruill LLP on

Term sheets and commitment letters are documents frequently used by lenders to outline the terms of a potential financing. However, these two documents differ with respect to what is required of, and whether the terms are...more

Allen Matkins

Bill Aims To Exempt Venture Capital Company Equity Security Investments From Lenders Law

Allen Matkins on

California requires persons who are engaged in the business of making loans to be licensed under the Finance Lenders Law. Cal. Fin. Code § 22000 et seq. This had been an issue for venture capital funds that extended bridge...more

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