Ben focuses his practice on leveraged transactions. He is experienced in representing banks, other financial institutions and institutional investors in arranging syndicated senior secured credit facilities for leveraged acquisition and leveraged recapitalization transactions and negotiating restructurings and workouts of such credit facilities. He also represents borrowers and equity sponsors in such transactions.
In addition to cash flow transactions, he is experienced in representing bank and non-bank lenders and other credit providers and corporate borrowers and equity sponsors in a variety of financing transactions, including investment grade credit facilities, asset-based credit facilities, senior or subordinate, secured or unsecured and first-lien or second lien secured loans, debtor-in-possession credit facilities and other commercial finance transactions.
Ben’s practice has had a similar focus since 1987. Prior to joining McGuireWoods LLP in 2001, Ben was a partner, a counsel and an associate, respectively, in the New York offices of three other international law firms.
Experience
Special Situations Credit Transactions
- Represented a credit fund restructuring $42.5 million of existing notes issued by a high net-worth individual secured by certain of his investments and purchasing $5 million of additional notes.
- Represented a business development company making a $14.5 million loan to a holding company organized by a transaction sponsor to finance its acquisition of control of special purpose vehicles holding over $3 billion of leveraged financial assets.
- Represented the minority equity owner of a bio-gas facility issuing $8 million of limited recourse senior secured bridge notes to an energy credit fund to finance the purchase and subsequent sale of a controlling interest in the facility.
- Represented an investment advisor and its affiliates purchasing $7.2 million of preferred equity interests in, and providing $18.5 million of term loans and up to $2.5 million of revolving loans to, a fast-food restaurant franchisee and operator of proprietary fast food restaurant concepts.
- Represented an investment advisor and its affiliate, as sole investor, providing $50 million of capital to a newly organized credit fund making senior secured loans to finance the production of motion pictures and television shows.
Subscription Credit Transactions
- Represented a lead arranger and administrative agent arranging a $3 billion umbrella syndicated senior secured revolving subscription credit facility to four separate groups of affiliated private equity funds.
- Represented a lender making an aggregate of $145 million available to three affiliated private equity funds pursuant to three separate parallel committed and uncommitted bilateral subscription credit facilities.
- Represented a lead arranger and administrative agent arranging a $200 million syndicated senior secured revolving subscription credit facility to a private equity fund also secured by the commitments of investors in its feeder funds.
- Represented an administrative agent under an existing $250 million syndicated senior secured revolving subscription credit facility to a private equity fund arranging the joinder of a portfolio company as a limited recourse borrower of a $90 million term loan thereunder.
Leveraged Credit Transactions
- Represented a lead arranger and administrative agent arranging a $400 million syndicated senior secured asset based revolving credit facility used to finance the acquisition of a regional consumer finance company by a public business development company.
- Represented an institutional investor providing $250 million of a $1 billion institutional term loan facility used to finance the acquisition of an international publishing business.
- Represented an administrative agent for a club of syndicated lenders negotiating a forbearance agreement under a defaulted $120 million term and revolving credit facility to a company jointly controlled by its founding family members and an equity sponsor, and arranging a club of first-out lenders in a unitranche replacement facility.
- Represented a credit fund making a $5 million senior secured loan to, and purchasing common stock warrants in, a tracking services company.
- University of Wisconsin–MadisonJD1987
- University of PennsylvaniaBA1982
Selected for inclusion in The Best Lawyers in America, Banking and Finance Law, Woodward/White, Inc., 2024
- New York
- Panelist, Delaware Corporate Law Update with Former Chief Justice Myron Steele, McGuireWoods Complimentary Presentation, January 14, 2015