Overview

Mark is an experienced transactional attorney focusing on a wide variety of commercial finance transactions for traditional financial institutions, private equity firms as lenders, and public and privately held borrowers.

Mark has represented both lenders and borrowers in structuring and negotiating a wide variety of complex commercial financing transactions, including acquisition financing transactions, asset-based credit facilities, equipment and other lease financing arrangements, consignment financing programs, warehouse lines of credit, floor plan financings, accounts receivable factoring transactions and unsecured cash-flow based lending 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 and restructuring issues. Mark also has extensive experience drafting and negotiating commercial contracts, handling issues involving letters of credit, and other credit enhancements, and resolving issues governed by Articles 8 and 9 of the Uniform Commercial Code.

Services

Experience

Bank & Finance (Representation of Borrowers)

  • Lead attorney handling a five year unsecured revolving credit facility transaction for a public medical device company ($2.25 billion)
  • 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)
  • Lead attorney handling amending and restating a senior secured floor plan and revolving credit facility on behalf of a public agricultural and construction equipment dealer ($450 million)
  • Primary attorney handling personal property security issues for a public medical device company in a secured term and revolving loan facility ($430 million)
  • Primary attorney handling commercial finance issues for a private minerals company in a secured high yield debt offering and a secured revolving credit facility ($375 million)
  • Lead attorney handling a senior secured recapitalization transaction ($85 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 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

Bank & Finance (Representation of Lenders)

  • 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 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

Private Equity & Venture Capital

  • Lead attorney handling the acquisition financing on behalf of a technology company owned by a private equity fund on three add-on acquisition transactions (Ranging from $4 million to $25.5 million)
  • Lead attorney handling the acquisition financing on behalf of a manufacturing company owned by a private equity fund on two add-on acquisition transactions ($3.5 million and $12.75 million)
  • Lead attorney handling the acquisition financing on behalf of a software company owned by a private equity fund on an add-on acquisition transaction ($13.5 million)

Mergers & 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)

Credentials

Education

  • University of Wisconsin Law School, J.D., 2000, magna cum laude
  • Indiana University, Bloomington, B.S. Accounting and Finance, 1997, summa cum laude

Admissions

  • Minnesota, 2000 
  • Wisconsin, 2000
  • Indiana, 2020

Recognition

  • Minnesota Super Lawyers Rising Star, Securities & Corporate Finance, 2010
  • Order of the Coif

Civic & Professional

Professional Activities

  • Minnesota Bar Association
  • Wisconsin Bar Association
  • Indiana State Bar Association
  • American Bar Association

Community

  • Community Capital Alliance, Investment Committee Member, 2007-2010

News & Insights

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