Financial Transactional Due Diligence for Mortgages, Leases, and other Structured Financings
Robert M. Currey & Associates, Inc. has assisted numerous financial institutions to manage their transactional and risk management exposures, including Bank of America, Citigroup, BTM Capital Corp., Fleet Capital Leasing, Key Equipment Finance, State Street Bank and Trust, AmSouth Leasing Ltd, GE Credit, and Prudential Life Insurance. Our expertise extends to aircraft, rolling stock, wastewater treatment facilities, blue water vessels, real estate, and other assets.
Assessing the Risk:
The ultimate exposure to loss for our clients will vary depending on the transaction. One of our strengths is our ability to analyze the transaction to identify hidden risks, which left undiscovered could threaten our clients' assets and their revenue stream. We understand that the amount of risk that a client is willing to retain in any transaction will be determined by a number of factors, such as the credit of the lessee/mortgagor, Applicable Law, the amount of collateral posted, and the client's individual appetite for risk. Where possible, we find insurance or contractual risk transfer solutions. When no such solutions exist, we assist in quantifying the risk, so that our clients can properly determine their ability or willingness to retain it. Once that is established, we then draft or amend the insurance sections of the Operative Documents for legal review, and complete the Certificate reviews needed to close the deal.
Resolving Disputes:
Large transactions typically involve a host of players. Each will bring its own agendas to the negotiating table. We take an active role in responding to these different voices, helping to facilitate dialogue, explain risks and alleviate concerns. When requested, we negotiate agreements to the desired insurance provisions. We also deal directly with insurance underwriters as needed to procure policy extensions or amendments to bring the parties into compliance with the insurance requirements.
Managing Your Portfolio:
In addition to assisting with the due diligence for individual transactions, Robert M. Currey & Associates will help develop or supplement internal systems for certificate compliance and monitor, negotiate and place insurance to protect your portfolio of assets. This can involve a one-time audit on behalf of your risk management department, providing a fresh look at the coverages in place and making recommendations for change, or serving as an outsourced advisor for your insurance placements.
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