Introduction
Mark is an officer practicing in the firm’s Bank & Finance, Private Equity, and Corporate & Securities Groups. He represents a wide range of clients in financing, general corporate, and commercial law transactions. Mark has represented both traditional financial institutions and private equity firms as lenders as well as a wide variety of borrowers in finance transactions, including asset-based lending transactions, equipment and other lease financing transactions, consignment financing programs, warehouse lines of credit, floor plan financing arrangements, and a variety of other financing transactions. His general corporate experience includes entity organization, providing choice of entity advice, and representing both public and private clients on a wide variety of corporate governance issues. Mark also has extensive experience negotiating commercial contracts and has extensive knowledge on issues involving Article 9 of the Uniform Commercial Code.
Education
- University of Wisconsin Law School, J.D., magna cum laude, 2000
- Indiana University, Bloomington, B.S., summa cum laude, 1997
Bar Admissions
- Minnesota 2000
- Wisconsin 2000
Practice Areas
Representative Experience
Representation of Lenders
- Lead attorney for a local commercial bank in a secured revolving line of credit supported by a borrowing base ($15 million)
- Lead attorney for a private commercial mortgage lender in a secured term loan facility made in connection with an acquisition ($15 million)
- Lead attorney for a local commercial bank in a secured revolving line of credit, equipment term note, and real estate term note ($12.6 million)
- Lead attorney for a national bank in a secured term and revolving credit facility with a local manufacturing company ($6.25 million)
- Lead attorney for a private equity fund lender in an equity line of credit transaction secured by the underlying membership interests in a joint venture ($6 million)
- Lead attorney for a private equity fund lender in a series of loan transactions to special purpose entities to purchase aircraft on the secondary market .
Representation of Borrowers
- Primary attorney handling personal property security issues for a private manufacturer in the amendment and restatement of a note purchase agreement relating to notes previously issued ($815 million)
- Primary attorney handling personal property security issues for a public medical device company in a secured term and revolving loan facility ($430 million)
- Lead attorney for a public transportation company in an unsecured revolving credit facility ($75 million)
- Lead attorney for a commercial mortgage borrower in a warehouse line of credit transaction ($40 million)
- Lead attorney for a prescription drug administrator in a secured revolving credit facility ($25 million with an accordion feature up to $40 million)
- Lead attorney for agent acting on behalf of lenders in fully participated secured revolving credit facility to provide financing to acquire an ethanol plant ($20 million)
- Lead attorney for a start-up medical device company in a secured term loan transaction with a guaranty issued by its Israeli parent ($15 million) and subsequent refinancing with separate venture debt lender ($20 million)
- Lead attorney for a private company obtaining a working capital line of credit to operate a recently acquired ethanol plant ($12 million)
- Lead attorney for a variety of private companies in secured and unsecured loan transaction (Up to $12 million)
- Lead attorney for a quasi-governmental agency in a wide variety of collateral matters relating to bond obligations of a public transportation company
Mergers and Acquisitions
- Lead attorney handling commercial finance issues related to the sale of a public company ($2.6 billion)
- Lead attorney handling commercial finance issues related to the sale of an aesthetics division of a public company ($28 million)
- Lead associate attorney conducting due diligence for a public company acquiring a medical device company ($50 million)
Selected Publications & Presentations
- “How to Get Loans When Credit is Tight,” Upsize Magazine, August-September 2010
- “Lending Practices in Today’s Economic Climate.” Business Xpansion Journal, March 2010
- “Events of Default in Commercial Credit Agreements,” Minnesota CLE, February 2010
- “Representation of Borrowers in Credit Agreements,” Minnesota CLE, June 2008
- “Post-Closing Events: Is My Security Interest Protected?” Minnesota State Bar Association Business Law Section, UCC Committee, March 2005
Professional Activities
- Minnesota Bar Association
- Wisconsin Bar Association
- American Bar Association
Community Involvement
- Fourth Generation Fund Investment Team