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The modern financial sector is dynamic, evolving and produces many sophisticated challenges. As a lender, reducing liability and securing a comprehensive contractual strategy is paramount, especially when considering the risk of borrower default. Goldberg Kohn helps clients navigate all considerations and nuances when borrowers default under their loan documents and offers an experienced multidisciplinary team of corporate, bankruptcy, tax and commercial finance attorneys who guide lender clients through all aspects of documenting, preparing and enforcing their contractual rights, including board replacement exercises and other equity pledge rights and remedies. 

An industry leader in advising lenders on structuring and enforcing their contractual rights, Goldberg Kohn remains at the forefront of board replacement exercises and strategies. Our historical knowledge and experience in executing these exercises and related equity pledge rights has paved the way in the middle-market space.

Our attorneys work with lenders to optimize their equity pledge and other contractual rights in front-end documentation and coordinate closely with clients when addressing the risks and considerations involved in exercising such rights and remedies.

Equipped with a deep institutional understanding of these remedies, and having seen and adapted to the responses to such exercises, our attorneys recognize patterns, anticipate complications and develop procedures to help protect lenders’ interests and mitigate risk.

Additionally, our team is consistently on top of the latest developments in corporate law and governance to ensure our lender clients receive the first-rate counsel needed to achieve favorable outcomes.

As a result of our well-established understanding and execution of board replacement exercises and other equity pledge rights, clients rely on our attorneys to help them avoid potential deficiencies in documentation, create value-maximizing alternatives and strategies, and execute sophisticated legal remedies.