Documentation that reflects the credit
A loan package should accurately identify who owes the debt, which obligations a guaranty covers, who owns the collateral and how the documents fit together. Those questions become especially important when a borrower has multiple loans, related businesses or assets subject to competing claims.
We help lenders translate the proposed transaction into documents that reflect the agreed terms and address the issues particular to the borrower and collateral.
How we assist lenders
- Commercial loan agreements and notes. Terms governing advances, repayment, financial reporting, covenants and default.
- Guaranties. The intended scope of each guarantor’s obligations and how the guaranty relates to particular loans and later changes.
- Security agreements and mortgages. Collateral descriptions, ownership and supporting documents, with attention to perfection and priority.
- Renewals and modifications. Extensions, changes in payment terms and other amendments in the context of the existing loan package.
- Participation and intercreditor agreements. Lender rights, servicing responsibilities, decision-making authority and arrangements with other creditors.
- Custom provisions and bank forms. Transaction-specific provisions, supplemental agreements and disclosure templates addressing an individual credit or the bank’s documentation practices.
Renewals and workout documentation
A renewal can change more than a maturity date. We review how proposed changes interact with existing guaranties, collateral documents and the borrower’s other obligations. Where a credit has become troubled, we also negotiate and document forbearance agreements and workout terms, including payment commitments, reporting requirements and the treatment of existing defaults.
Drafting informed by enforcement experience
Matthew’s banking practice includes litigation over loan documents, guaranties, collateral ownership and competing creditor claims. He considers how the documents would operate when a borrower stops cooperating, a guarantor disputes an obligation or another party claims the same asset.
Agricultural loan documentation
Agricultural credits can involve seasonal advances, crops, livestock, equipment and proceeds paid by commodity buyers. We help lenders address those features in loan and collateral documents, including the relationship between the borrower, the owner of the collateral and the party receiving sale proceeds. Matthew’s work also includes renewal and workout questions involving competing liens and government-guaranteed loans.
Programs on lending and documentation
Matthew teaches bankers and attorneys about loan structuring, documentation and renewals. His educational work includes these programs:
- Presented · Properly Documenting and Renewing Agricultural Loans. Minnesota Bankers Association. September 29, 2026.
- Structuring Farm and Agribusiness Loans. Strafford. August 23, 2023.
Discuss a lending matter
Contact Matthew Bialick at 952-239-3095 or matthew@mjblawmn.com to discuss a new credit, renewal or documentation issue. A term sheet, the existing loan package and a short description of the requested changes are useful starting points. Contact the firm first to arrange a conflict check and a method for sharing documents.