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This area covers short-term lending and development finance used to fund construction, property projects or business growth, typically secured by a charge over land or a security package. A solicitor in this field reviews term sheets, drafts and negotiates facility agreements, registers charges at Companies House or the Land Registry, and coordinates drawdowns, repayment triggers and security perfection. They also advise on related issues such as intercreditor arrangements, hedging and compliance with financial covenants, and may assist lenders or borrowers in negotiations with lenders, equity providers and project partners. In practice, the work is shaped by project timelines, funding stages and compliance with banking regulations and corporate governance requirements.
The specialised nature of facility agreements, security packages and intercreditor terms creates drafting and negotiation challenges, including ensuring correct priority of security, managing drawdown sequencing, and addressing cross-border or multi-tranche funding. A solicitor provides expertise on the precise construction of terms, regulatory compliance, and risk allocation, supported by professional indemnity insurance and conduct of litigation rights when disputes arise.
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