Commercial & Industrial (C&I) Lending

Legal Counsel for Asset-Based & Cash Flow Lending Transactions

Commercial & Industrial (C&I) lending provides essential working capital and operational financing to businesses across a wide range of industries. Unlike real estate-secured lending, C&I credit facilities are typically secured by business assets such as receivables, inventory, equipment, and general intangibles — requiring careful structuring, lien perfection, and covenant design.

At Bean, Kinney & Korman, we represent lenders and borrowers in structuring, negotiating, documenting, and enforcing C&I credit facilities. Our attorneys bring deep experience in secured transactions, collateral structuring, UCC compliance, and enforcement planning — ensuring that credit arrangements are both commercially practical and legally enforceable.

Whether financing growth, stabilizing operations, or restructuring an existing facility, we deliver disciplined legal guidance aligned with business objectives and risk management priorities.

C&I Lending Services

Asset-Based Lending (ABL)

Structuring loans secured by receivables, inventory, equipment, and general intangibles
Borrowing base analysis and reporting covenant design
Collateral monitoring and audit provisions
Multi-jurisdiction lien perfection strategy

Cash Flow & Enterprise Value Lending

Structuring facilities based on EBITDA or projected cash flow
Financial covenant negotiation
Intercreditor coordination with subordinated lenders
Guarantee frameworks and cross-collateralization

Revolving Credit Facilities & Term Loans

Working capital lines of credit
Delayed draw term loans
Accordion and expansion features
Renewal and refinancing documentation

Intercreditor & Priority Planning

Intercreditor and Subordination agreements
First-lien / second-lien structuring
Priority disputes and collateral allocation
Cross-default and cross-collateralization analysis

Workout & Enforcement Strategy

Covenant breach analysis
Forbearance agreements and amendments
Collateral recovery planning
Enforcement under UCC Article 9

We structure C&I transactions with litigation awareness — ensuring that if enforcement becomes necessary, rights are clearly preserved and remedies are strategically positioned.

Who We Represent

Our C&I Lending practice serves:

Regional and community banks
Private credit funds and alternative lenders
Asset-based lenders
Commercial finance companies
Middle-market borrowers
Manufacturers and distributors
Service-based enterprises
Government contractors
Multi-entity operating businesses

By representing both lenders and borrowers, we understand the negotiation dynamics and risk allocation considerations on both sides of the credit relationship.

Industries Served

C&I lending is critical in operationally intensive sectors, and we regularly advise clients in:

Manufacturing and distribution
Government contracting
Construction and infrastructure
Technology and professional services
Healthcare and specialty services
Transportation and logistics
Retail and wholesale operations
Hospitality and franchise operations

Our industry familiarity strengthens collateral analysis and covenant structuring tailored to sector-specific operational risk.

Commercial & Industrial (C&I) Lending FAQs

What is C&I lending?

Commercial & Industrial (C&I) lending refers to business loans secured primarily by operating assets such as accounts receivable, inventory, equipment, and general intangibles rather than real estate. These facilities typically provide working capital and operational financing.

How is asset-based lending different from cash flow lending?

Asset-based lending relies on specific collateral (e.g., receivables or inventory) and borrowing base formulas, while cash flow lending is based on projected earnings and financial performance. Each structure carries different covenant, reporting, and enforcement considerations.

Why is lien perfection critical in C&I lending?

Proper lien perfection under the UCC ensures that a lender’s security interest is legally enforceable and prioritized over competing creditors. Failure to perfect a lien can result in loss of priority in insolvency or enforcement situations.

What happens if a borrower breaches a financial covenant?

If a borrower violates a covenant, lenders may negotiate amendments, impose default interest, require additional collateral, or pursue enforcement remedies. Legal counsel helps structure responses that balance recovery with relationship preservation.