Focusing on all aspects of commercial finance, Mark represents financial institutions, private equity firms and corporate credit takers in a wide range of financing transactions.
He structures, negotiates and documents a broad variety of finance transactions, including complex secured and unsecured syndicated credit facilities, cash flow and asset-based loans, acquisition financings, letters of credit and other credit enhancement facilities, credit product portfolio sales, and multistate real estate secured transactions, as well as second lien, mezzanine and subordinated debt financings, and cross-border transactions. He also has extensive experience in loan workout matters, including debt and equity restructurings.
Mark’s core client base spans virtually the entire spectrum of lending institutions, including bank holding companies, regional commercial banks, finance companies, insurance companies, equipment lessors, small business investment companies, local agencies of foreign banks, and hedge and structured debt funds.
Represented administrative agent in first lien revolving and term credit facilities aggregating $90 million, the proceeds of which were initially used to finance a sponsor’s acquisition of a manufacturer of fineblanked metal components for automotive and industrial applications.
Represented lender in $450 million revolving and term credit facilities provided to a leading bottled water supplier.
Represented mezzanine fund in its purchase of $18 million in senior subordinated notes and related equity interests issued in connection with a private equity firm’s acquisition of a specialty pharmacy operations company and subsequent acquisitions of complementary lines of business.
Represented administrative agent in connection with acquisition financing (including revolving, term and add-on acquisition line facilities of $55 million in the aggregate) provided to a sponsor for its acquisition of an independent tire dealer and automotive services provider operating in multiple states.
Represented multinational apparel retailer in Cdn$40 million asset-based revolving credit facility.
Represented administrative agent in revolving and term credit facilities provided to a private equity firm for its acquisition of a multichannel direct marketer and specialty retailer of apparel and accessories, jewelry and home furnishings. Also represented such administrative agent in a subsequent dividend recapitalization transaction resulting in an increase to the aggregate credit facilities to more than $93 million.
Represented administrative agent in $125 million revolving credit facility provided to a prominent Southern California oil and crude refining operator.
Represented lender in multiple “capital call” facilities (including domestic and multicurrency credits) providing more than $750 million in revolving credit lines to various funds managed by a pre-eminent investment advisor.
Represented insurance company subsidiary as syndicate arranger and lead purchaser in connection with the purchase of $55 million in senior subordinated notes and associated common warrants relating to a private equity firm’s acquisition of a manufacturer, packager and processor of dried fruits, nuts and snack mixes.
Represented international conglomerate oilfield products manufacturer in a $20 million multi-facility, cross-border financing arrangement.
Represented regional bank as agent and lender with respect to $90 million secured revolving, term and trade finance credit facilities provided to a manufacturer and global distributor of cosmetics and other beauty care products, including the financing of a significant strategic acquisition.
• Represented a Fortune Top 30 company in connection with a portfolio sale (including leases, loans and other financial products) to another Fortune 10 company. Purchase price exceeded $2 billion.
Represented administrative agent in revolving and term credit facilities provided to a sponsor in connection with its acquisition of a retail company offering multi-category lifestyle branded products. Also represented the administrative agent in a subsequent dividend recapitalization transaction resulting in an increase to the aggregate credit facilities to $125 million.
Represented mezzanine fund in its purchase of senior subordinated notes aggregating $20 million issued in connection with a “sponsor-to-sponsor” acquisition of a consumer housewares company.
Represented a small business investment company in connection with its purchase of $22 million in senior secured notes, which included a $10.5 million line of credit for future acquisitions, and warrants to purchase membership interests issued by a leading dental laboratory group of companies.
Represented administrative agent in connection with a $100 million revolving (“re-discount”) and term credit facilities provided to a regional finance/factoring company.
Represented administrative agent in extensive workout and restructure of working capital, term and swap credit facilities aggregating in excess of $100 million with a joint venture providing distribution and advertising services to owners of local daily newspapers. Transaction included exchange of a portion of the debt for equity in the restructured company.
Represented lender in the initial $1 billion and subsequent upsize to $1.75 billion unsecured revolving credit facility provided to a joint venture investor in power generation projects.
Represented a steering committee (consisting of revolving, initial term and delayed draw term lenders) with respect to an aborted restructuring of credit commitments exceeding $2 billion provided to a hotel/casino developer.
Represented lender in $50 million revolving and term credit facilities provided to a company specializing in digital surround-sound formats used in commercial/theatrical and consumer grade applications.
Represented a small business investment company in connection with its purchase of senior secured revolving and term notes issued by an electronic cigarette and vaping products company.
Represented lender in $75 million unsecured revolving credit facility provided to a worldwide executive recruitment and leadership talent consulting services firm.
Member, Commercial Finance Association
Selected for inclusion in The Best Lawyers in America, Banking and Finance Law, Woodward/White, Inc., 2017-2019
Named a "Leading Lawyer", Banking and Finance, IFLR1000, 2014
Selected for inclusion in America's Leading Lawyers for Business, Banking and Finance, California, Chambers USA, 2009-2019
McGuireWoods Tops Thomson Reuters Rankings for Syndicated Debt Financings in 2015
February 11, 2016