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Banking and Finance


Corporate and Regulatory Matters

The banking industry is one of the most highly regulated in the country. Our banking attorneys work with banks, credit unions and other financial services firms to assist with regulatory matters, mergers and acquisitions, capital raising, executive compensation, employee benefits, litigation, trademark and other services. Our clients include both publicly traded and privately held banks of all sizes. We interact regularly with regulators at the Federal Reserve, the FDIC and the Michigan Department of Insurance and Financial Services. We have represented clients in a variety of applications to state and federal regulators, as well was enforcement proceedings. We also work with clients to review contracts including data processing contracts and non-compete agreements for employees and prospective hires.

Loan Transaction Services

Varnum provides complete services to both lenders and borrowers in connection with the negotiation, documentation and closing of commercial and real estate loans. Basic services include preparing and/or renewing commitment letters, performing due diligence, handling collateral priority and perfection issues, drafting and negotiating transaction documents and loan terms, and conducting closings. In the course of such representation, we also regularly provide advice in a number of substantive areas that are indirectly related to lending, including real estate title issues, regulatory issues (including analysis of environmental risks), title and ownership issues involving special types of collateral (e.g., aircraft, intellectual property), and questions concerning insolvency, bankruptcy and fraudulent conveyance risks.

Varnum banking lawyers also frequently advise business clients in connection with their commercial financing arrangements, providing assistance at all stages of a loan transaction through the closing. The types of services most often provided include: document review and analysis, negotiation of loan and document terms, and assistance with closing requirements. We also frequently render third-party opinions on behalf of business clients to lenders and other transaction parties.

Loan Workout Services

Varnum's experience and expertise in loan work also complements our attorneys' ability to provide loan workout counsel to our clients. Varnum attorneys have assisted both borrowers and lenders in efficiently addressing troubled loans by preparing practical advice geared toward achieving realistic goals.

For more information, please contact either your Varnum attorney, Brendan Best at 313/481-7326 or or Sue Wyngaarden at 616/336-6563 or

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