We are experienced in acting for both lenders and borrowers in relation to lending. Our clients include banks, private lenders, as well as corporate and private borrowers.

TWM has specialist experience in lending, finance and private equity real estate (PERE).

We provide advisory and transactional services to lenders and borrowers: private and corporate, regulated and unregulated, onshore and offshore, structured debt or private equity, real estate or alternative asset. We also lead conversations on new and emerging markets impacting our finance clients: FinTech, PropTech, blockchain and Robo-advice.

Enforcement and recovery

Our lender-oriented support extends not only to advisory and preparation of lending documentation, origination and conclusion of transactional business, but also to enforcement and recovery. Our Dispute Resolution team work closely with us to provide support to lenders, servicers and asset managers bringing in our key technical know-how to avoid regulatory, procedural or legislative pitfalls in working out loans. We welcome working with Residential Mortgage-Backed Securities (RMBS) and Commercial Mortgage-Backed Securities (CMBS) funds, including non-performing loans, on the acquisition and work-out of portfolios globally, and count some of the most significant acquirers among our clients and connections.

Structuring funds ready for investment

We regularly work with clients on structuring funds ready for investment and then creating and recommending channels for distribution (in retail) or marketing (private placement).  We will work alongside other professional advisors to draft the principal fund documentation. This includes investment management agreements, advisory and operator agreements, asset management agreements and capital introduction agreements. We have extensive networks of family office wealth, third party marketeers and advisers and our work with market makers gives us the opportunity to understand secondary markets, derivatives and counter party swaps and risk. We take all parties’ needs on to deliver a fuller solution for the client and fund.

Borrower clients

Our borrower clients include individual borrowers, start-ups and multi-national businesses, whom we assist with re-financing, raising capital and advising on structuring or shareholder relationships.  Raising funding for a business is one of the biggest hurdles entrepreneurs and small businesses face and while their idea, product or service may be incredible, their internal procedures and management processes often undermine their borrowing prospects as they appear unattractive to a funder.

In summary, we provide legal and business services to help clients be equity/debt ready.

Principle areas of focus include:

  • Facility and loan agreements;
  • Guarantees;
  • Debentures and share charges;
  • Legal and equitable mortgages;
  • Subordination and priority arrangements;
  • Intercreditor documentation and mezzanine financing;
  • Property and development finance;
  • Acquisition and asset finance;
  • Refinancing;
  • Consumer lending;
  • RMBS and CMBS;
  • Private equity.

Key Contact

Julian Sampson

Partner and Head of Lending

Here’s why you should choose our team

Our lending work includes mortgage debt, consumer credit, bridging, development and asset lending; our clients including prominent banking institutions, onshore/offshore funds and family offices, alternative lenders (including market leading peer-to-peer and crowdfunding platforms) and private lenders.

We believe in a whole-of-life advice cycle which matches our deep experience in all areas of our clients’ business.

We actively seek out new and re-emerging entrants to the UK market: working with other stakeholders to assist in both full or product launches.

With 20 years in the specialist sector, we are perfectly placed to give feedback on market reception and distribution.

We are members of The Law Society accredited Conveyancing Quality Scheme (CQS).

Meet the team

Notable work

Take a look at some of our recent lending work highlights to find out more about how we have helped our clients achieve their goals.
  • Acting for a lending business in relation to a multi-million pound loan in connection with a site for new student accommodation in Birmingham, UK;
  • Acting for Brydg, a lender, and its syndicated participants, in relation to a short term loan to a commercial premises in Mayfair, London;
  • Acting for one of the UK’s four largest banks in connection with financing the acquisition of a group of companies running six franchise outlets for £5.7m;
  • Successfully representing a consumer credit lender in the High Court, and setting precedent on the application of e-signatures in consumer credit;
  • Advising a borrower in connection with a loan facility of £21.9m and associated security;
  • Advising a bid team on a major state bank CMBS disposal including residential, commercial and business lending valued at €2bn;
  • Advising an Irish entrepreneur on a CMBS valuation and bid of €180m;
  • Advising a new entrant debt fund on a £5m development loan for student accommodation;
    Advising a specialist lender and Insolvency Practitioner on the use of daylight lending against tax relief;
  • Advising a debt fund on lending against financial instruments, such as life and pensions;
  • Writing lending terms and conditions for a large Indian investment lender entering the UK;
  • Writing lending terms and conditions for a Jersey based specialist lender;
  • Acting for a bank and the provision of its £1m loan facility to finance a transaction for the acquisition of a pharmacy company, with security including debentures, personal guarantees, legal charges and cross company guarantees;
  • Acting for the lender on a £150m loan facility for an ICT project. Drafting and negotiating convertible loan agreement and asset backed security;
  • Advising the borrower in relation to a £100m merger of property development group with a listed PLC, including advising and negotiating convertible loan agreement and security;
  • Advising on the debt restructuring and banking facilities for an international logistics company in the aviation and aerospace industry relating to the purchase of £80m assets from the Royal Australian Navy. Advising and negotiating the facility agreements, security documentation (in the UK and Australia), carrying out due diligence on the assets and all post completion matters;
  • Acting for the borrower in relation to a £5m loan facility for a luxury sports car manufacturer. Negotiating banking facility documentation and collating due diligence response;
  • Acting for the borrower in relation to the restructuring of debt and banking facilities including loans made to complete an MBO;
  • Advising a top four bank on questions of solvency and corporate benefit in connection with security linked with their own financing arrangements for customers;
  • Acting for a private bank in relation to secured lending arrangements (usually secured by chattel mortgages over machinery or other equipment) between pension funds they run and the companies for whom they run them;
  • Advising a client on the renewal of their banking facilities, moving from one to another, involving facility agreements relating to £75K overdraft facility, £700K Growth Capital loan, £200K senior term loan and £350K revolving loan, as well as various items of security including mortgages of UK and foreign trade marks and domain names;
  • Advising a client purchasing a business, dealing with a £1.6 million term loan facility from a bank, which was secured by debentures and guarantees across various group companies, as well as mortgages and charges over various properties; and
  • Acting for various UK and overseas secondary banks on various secured lending arrangements.

FAQs

Below are some questions that we are frequently asked by clients who require advice from our Lending team.

Please click here to view details of our Lending Pricing Information.

Please click here to view details of our Lending Fee Tables.

Contact the team

Here’s how to get in touch if you have any questions at all or would like to speak to us about your enquiry. Please complete the form below and one of our experts will get in touch to discuss how we can help.

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What our clients say...

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In the press

8 October 2024

Speaking on the Mortgage Solutions podcast, Julian Sampson, Partner and Head of Lending, shares his thoughts on licensing schemes for HMOs.

17 September 2024

Speaking on a podcast with Mortgage Solutions, Julian Sampson discusses the importance of borrowers using a specialist conveyancer at the beginning of a mortgage application.

4 September 2024

In Mortgage Solutions, Julian Sampson, Head of Lending offers insight into the many legal layers of the Bank of Mum and Dad.

20 March 2024

In Financial Promoter, Julian Sampson, Head of Lending shares his views on Consumer Duty.

4 March 2024

In Mortgage Finance Gazette, our lending expert Lucy Farrow-Smith looks at the new Deposit Unlock scheme and the potential concerns and points for lenders to consider.

5 October 2023

Julian Sampson, Head of Lending at TWM shares his thoughts on the Renters Reform Bill and its impact in The Intermediary.

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