Recent Announcements Confirm Pending End of LIBOR
Recent announcements with respect to LIBOR will have a significant implications for lenders, borrowers and other financial services providers and users.
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Honors & Education
Overview
Levi represents lending institutions and borrowers in all aspects of commercial and real estate finance transactions.
Levi advises banks and other lending institutions on a variety of loan transactions and also represents private equity sponsors and corporate borrowers in commercial and real estate finance matters. He has significant experience leading all types of loan transactions, including acquisition financings, real estate loans, senior and mezzanine debt, and secured and unsecured loans. Levi is well versed in structuring, documenting, negotiating and closing complex financing transactions. He also has experience with mergers and acquisitions, corporate governance and general corporate matters.
Levi also represents cooperatives and other agribusinesses in a variety of legal matters, including corporate governance issues, financing transactions and other operational matters.
Experience
REPRESENTATIVE EXPERIENCE
- Represents local and national banks and other lending institutions in a variety of loan transactions.
- Represents private equity sponsors and corporate borrowers in loans ranging in size from several million dollars to over $500 million.
- Represents private equity sponsors in corporate transactions and general corporate matters.
- Represented bank in connection with $19 million construction financing.
- Represented administrative agent in large syndicated revolving credit facility.
- Represented national bank in significant operating and real estate credit facilities, including the structuring and negotiation of intercreditor issues relating to subordinated debt facility.
- Represented large agribusiness in connection with over $800 million of financing transactions.
Articles & Presentations
Best Practices for a Transition Away from LIBOR
September 1, 2020
By Levi J. Smith and Marielos S. Cabrera
Despite the impact of COVID-19, it is safe to assume that LIBOR will still become unusable by the end of 2021. In preparation for the transition, the ARRC has published its recommended best practices to prepare for the anticipated discontinuation of LIBOR.
Paycheck Protection Program Flexibility Act – Greater Flexibility Now Available to Borrowers
June 9, 2020
By Erin M. Byom, Marguerite J. Ahmann and Levi J. Smith
On June 5, 2020, President Trump signed into law the PPP Flexibility Act which provides for greater flexibility for both existing and new borrowers under the PPP.
PPP Loan Forgiveness Application and Instructions Now Available
May 19, 2020
By Erin M. Byom, Levi J. Smith and Caitlin B. Houlton Kuntz
On May 15, 2020, the SBA and Treasury Department released the Paycheck Protection Program (PPP) Application for borrowers to complete in order to receive PPP loan forgiveness.
Additional PPP Funding Available Soon and More SBA Clarifications
April 24, 2020
By Erin M. Byom, Wendy A. Lisman, Levi J. Smith, Erik A. Splett, Marguerite J. Ahmann and Caitlin B. Houlton Kuntz
President Trump recently signed into law a bill providing additional funding for the SBA’s 7(a) Paycheck Protection Program (PPP) after the initial PPP funding of $350 billion under the CARES Act was exhausted on April 16.
PPP Loan Forgiveness: What Borrowers and Lenders Need to Know
April 14, 2020
By Marguerite J. Ahmann, Caitlin B. Houlton Kuntz, Levi J. Smith, Wendy A. Lisman, Erik A. Splett and Erin M. Byom
While we are still waiting for Treasury to issue additional guidance on loan forgiveness terms under the Paycheck Protection Program (PPP), here is what we know now.
New FAQs from SBA and the Department of the Treasury Provide Clarifications on the Paycheck Protection Program
April 8, 2020
By Wendy A. Lisman, Caitlin B. Houlton Kuntz, Erin M. Byom, Levi J. Smith, Marguerite J. Ahmann and Eldri L. Johnson
SBA and the Department of the Treasury have published FAQs on the PPP, which they intend to update on a regular basis. Here are some key clarifications for borrowers as of April 7, 2020.
Paycheck Protection Loans under the CARES Act: FAQs for Lenders Seeking Assistance
April 8, 2020
By Erin M. Byom, Levi J. Smith and Karen L. Grandstrand
Since the passage of the Act, the Treasury Department and the SBA have issued some, albeit limited, guidance for lenders in the PPP application process. This article outlines general requirements for lenders under the CARES ACT with respect to PPP loans and addresses frequently asked questions.
Payroll Protection Loans Under the CARES Act: Updated FAQs for Companies Seeking Assistance
April 3, 2020
By Wendy A. Lisman, Caitlin B. Houlton Kuntz, Erin M. Byom, Levi J. Smith, Marguerite J. Ahmann and Eldri L. Johnson
An Interim Final Rule was released on April 2, 2020, that provides details regarding Paycheck Protection Program established by the Coronavirus Aid, Relief and Economic Security Act (CARES Act).
Updated: Payroll Protection Loans Under the CARES Act: FAQs for Companies Seeking Assistance
April 1, 2020
By Wendy A. Lisman, Caitlin B. Houlton Kuntz, Erin M. Byom, Levi J. Smith and Marguerite J. Ahmann
The Coronavirus Aid, Relief and Economic Security Act (CARES Act) recently passed by the U.S. Senate and House and signed by the President creates a specific loan program through the Small Business Administration to help small businesses retain employees and pay critical expenses in this challenging time.
SBA Economic Injury Disaster Loans Due to COVID-19 FAQs
March 26, 2020
By Erin M. Byom and Levi J. Smith
Answers to frequently asked questions regarding the SBA Economic Injury Disaster Loans for small businesses impacted by COVID-19 in Minnesota, North Dakota and Iowa.
Filling the LIBOR Vacuum
September 3, 2019
By Levi J. Smith and Aaron Z. Stenz
The likely end of the London Interbank Offered Rate (LIBOR) is coming soon, but many banks have not taken adequate steps to protect themselves and their clients from a seismic shift that some have labeled “the next Y2K.”
It’s the End of LIBOR as We Know It
March 1, 2019
The U.K. governmental authority that publishes LIBOR may phase out LIBOR by the end of 2021. Lenders who use LIBOR will need to determine what effect the phasing out of LIBOR will have for the lender and its borrowers.
Delaware Divisions: Are Your Loan Documents Sufficient to Protect You?
December 3, 2018
Due to recent amendments to the Delaware Limited Liability Company Act, banks and other lenders who make loans to limited liability companies (LLCs) formed in the state of Delaware should carefully review their loan documents and modify restrictive covenants related to mergers, reorganizations, acquisitions, dispositions, and similar transactions to address a newly created form of transaction called a “division.”
What to Expect Under the New FinCEN Beneficial Ownership Rule
September 4, 2018
By Levi J. Smith & Olivia Cares
The May 11, 2018, implementation deadline for the Financial Crimes Enforcement Network’s Beneficial Ownership Rule has now passed, and there are fundamental changes in the daily customer due diligence obligations of banks and other financial institutions.
Filer Beware: A Lesson on Debtor Name
December 1, 2017
By Sjur Midness & Levi J. Smith
There are many things in life where “close enough” will work, but when it comes to filing a financing statement in a secured loan transaction, getting the name of the debtor “close enough” just won’t do.
PUBLICATIONS & PRESENTATIONS
- Quoted in “Minnesota’s Small Businesses Bear Biggest Burden of the COVID Recession,” StarTribune.com, May 3, 2020
- “Do Leveraged Lending Guidelines Reduce Risk?” co-authored with Devin Driscoll, FredNEWS: Bank & Finance, September 2017
- “Minnesota’s New LLC Act: Update,” FredNEWS: Bank & Finance, June 2016
- “Minnesota’s New LLC Act: One Reason Banks Should Care,” FredNEWS: Bank & Finance, March 2016
- “Filer Beware: A Lesson on the UCC-3 Termination Statement,” FredNEWS: Bank & Finance, March 2015
Honors & Education
EDUCATION
- University of Michigan Law School, J.D., 2014, magna cum laude
- University of Wisconsin-Madison, B.S., 2011, with distinction
BAR ADMISSIONS
- Minnesota, 2014
HONORS
- Best Lawyers: Ones to Watch®, Banking and Finance Law, 2021-2022
- Minnesota State Bar Association, North Star Lawyer, 2015
- Contributing Editor, Michigan Journal of Law Reform, 2013-2014; Associate Editor 2012-2013
- Certificates of Merit in Land Use Planning and Control and Environmental Law and Policy, University of Michigan Law School