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Banking and Finance

The attorneys of Titus Brueckner Spitler & Shelts PLC have considerable expertise in the areas of banking and finance.  Whether financing a real estate deal, raising capital for a business, or negotiating a workout, our experience on both sides of the table gives us a unique perspective to better achieve our clients’ business objectives.

Banking Law

Our attorneys represent numerous financial institutions, lenders, borrowers, and developers in connection with their borrowing, financing, and lending needs. This includes traditional construction, acquisition, development, mezzanine, hard money, and business lending, as well as creative financing with municipalities, bonding districts, facilities districts and investment capital. In such capacity, we have assisted our numerous lender clients in the disposition of commercial and residential REO and REO portfolios, represented private foreign lenders, negotiated loan modifications and forbearance agreements, acted as trustee and conducted trustee’s sales for residential and commercial properties, represented receivers with respect to the preservation and disposition of special assets, completed numerous multi-party note and loan purchases for distressed assets, and represented hard-money lenders in syndicating loan funds.

Securities Law

We have structured many successful offerings of both publicly registered and privately placed securities.  We assist business owners and shareholders in all aspects of secured and unsecured financings, including exempt offerings, the sale of securities, complex loans, and loan restructurings.  In addition to businesses seeking financing, we have represented venture capital companies, financial institutions, insurance companies, investment bankers, brokerage firms, and private investors in capital transactions.

We have represented companies raising capital in private or public offering transactions in a wide variety of industries, such as real estate (including REITs), software and technology, restaurants, retail, manufacturing, and many others.  We have represented issuers in intrastate public offerings of debt and equity in Arizona and have assisted companies in listing, maintaining, and de-listing their securities with the New York Stock Exchange, the American Stock Exchange, NASDAQ, and OTCBB markets.  In addition, we have represented issuers, underwriters, and participating dealers in many types of private limited offerings to accredited investors and others under Regulation D and other comparable exemptions under federal and state securities laws, as well as offers and sales to non-U.S. persons under Regulation S.

Our attorneys often represent clients in connection with securities regulatory and licensing compliance.  We have assisted public and private companies with investigations of conduct and compliance with laws, and have also assisted companies and individuals with investigations conducted by the SEC, Arizona and other state securities regulators.