Salt Lake City
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Overview
KEN ADVISES CLIENTS ON ALL ASPECTS OF DEBT CAPITAL MARKETS AND CORPORATE FINANCE, AND HE COUNSELS NATIONAL AND REGIONAL BANKS, NON-BANK LENDERS, PRIVATE EQUITY FUNDS, AND PRIVATELY OWNED AND PUBLICLY TRADED COMPANIES.
Ken’s clients look to him for counsel on the structuring, negotiating, and administering of complex commercial, secured, and asset-based financings.
His practice spans a wide variety of transaction sizes and types, from sole lender financings to large market, broadly syndicated credit facilities for equity sponsor portfolio acquisitions and financings.
Experience
Representative Experience
Banking, Commercial Finance, and Secured Transactions Law
Clients engage Ken for a wide range of complex financing matters:
- General commercial loans
- Asset-based financings
- Recapitalizations
- Restructurings
- Bank regulatory Laws
Mergers and Acquisitions Law
Ken’s clients look to him for support during the mergers and acquisition process:
- Leveraged buyout financings
- Seller financings
- Convertible debt instruments
Business, Corporate, and Finance Experience
A selected list of Ken’s experience includes serving as:
- Agent counsel for an institutional lender in its capacity as agent, co-lead arranger, revolver agent, and swingline lender in connection with structuring and negotiating a $432,000,000 revolving, swingline and term loan credit facilities provided to a manufacturer of sporting equipment pursuant to a sponsor-backed leveraged buyout acquisition.
- Borrower counsel for a publically traded corporation engaged in coal mining and related businesses in connection with negotiating a $75,000,000 revolving loan facility and a $425,000,000 term loan credit facility.
- Borrower counsel for a publically traded corporation engaged in cable networking entertainment and related businesses in connection with negotiating a $425,000,000 revolving and term loan credit facilities.
- Agent counsel for a nationally chartered bank in its capacity as agent, colead arranger and swingline lender in connection with structuring and negotiating a $95,000,000 revolving, swingline and term loan credit facilities with a $20,000,000 subordinated debt facility provided to a manufacturer of industrial rigging devices pursuant to a sponsor-backed leveraged buyout acquisition.
- Agent counsel for a nationally chartered bank in its capacity as agent, sole bookrunner and lead arranger in connection with structuring and negotiating a $80,000,000 revolving and term loan credit facilities with a $8,000,000 subordinated debt facility provided to a grower and distributor of agricultural products.
- Bank counsel for a nationally chartered bank in connection with structuring and negotiating a $31,500,000 revolving and term loan credit facilities provided to a business-process outsourcing services company with locations in the Philippines and India.
- Lender counsel for an institutional lender in connection with structuring and negotiating a $20,000,000 revolving and term loan credit facilities provided to a distressed supplier of medical equipment and pharmaceutical services.
- Bank counsel for a state chartered bank in connection with structuring and negotiating a $4,800,000 construction loan in furtherance of a build-out of a manufacturing facility financed in part by $10,260,000 in proceeds of the issuance of tax exempt redevelopment bonds.
- Borrower counsel for a manufacturer and leading provider of synthetic twine and concrete fibers in connection with a $28,200,000 revolving and term loan credit facilities.
- Borrower counsel for an investment management company in the veterinary sector in connection with a $8,500,000 revolving loan acquisition financing credit facility.
- Lender counsel for a mezzanine lender in its capacity as subordinated agent in connection with structuring and negotiating a $80,000,000 note purchase with a $160,000,000 senior secured debt facility to a manufacturer of wellness and fitness products in connection with a sponsor-backed leveraged buyout acquisition.
- Agent counsel for an institutional lender in its capacity as agent, revolver agent, and swingline lender in connection with structuring and negotiating a $240 million revolving, swingline and term loan credit facilities to a manufacturer of alternators, starters, brake calipers and power steering products pursuant to a sponsor-backed leveraged buyout acquisition.
- Agent counsel for a nationally chartered bank in its capacity as agent and lender in connection with structuring and negotiating a $21.5 million revolving and term loan credit facilities with a $9.3 million subordinated debt facility to a manufacturer of custom targets for military, law enforcement, tactical training schools, and commercial applications pursuant to a sponsor-backed leveraged buyout acquisition.
- Agent counsel for a nationally chartered bank in its capacity as agent and lender in connection with structuring and negotiating a $46.75 million revolving, swingline and term loan credit facilities with a $20 million subordinated debt facility provided to a pharmaceutical manufacturer pursuant to a sponsor-backed leveraged buyout acquisition.
- Lender counsel for a private lender with participating in, and subsequently purchasing of, commercial term loans from a nationally chartered bank in an aggregate amount of $100 million made to a distressed explorer of natural resources with collateral primarily consisting of tax credits issued by the State of Alaska.
- Bank counsel for a national bank with structuring and negotiating a $4.8 million construction loan in connection with the build-out of a manufacturing facility financed in part by $10.26 million in proceeds of the issuance of tax-exempt redevelopment bonds.
- Agent counsel for a nationally chartered bank in its capacity as agent and lender in connection with structuring and negotiating a $25 million revolving, swingline and term loan credit facilities to a provider of human resource services in connection with a sponsor-backed leveraged buyout acquisition.
- Agent counsel for a borrower investment management company in the veterinary sector in connection with a $8.5 million revolving loan acquisition financing credit facility.
- Agent counsel for a nationally chartered bank in connection with structuring and negotiating a $31.5 million revolving and term loan credit facilities provided to a business-process outsourcing services company with locations in the Philippines and India.
- Borrower counsel for a special purpose company providing consumer lease financing services in connection with a $10 million revolving credit facility with an accordion feature of up to $25 million of additional advances.
News & Resources
Articles
August 4, 2021
May 3, 2021
January 5, 2021
December 7, 2020
October 5, 2020
June 4, 2020
May 28, 2020
April 3, 2020
April 1, 2020
News & Press Mentions
March 22, 2022
May 20, 2021
March 17, 2021
April 29, 2020
Events & Speaking Engagements
Webinar Playback: Bank Counsel Roundtable: The PPP and Other CARES Act Stimulus Relief—The Revisions
January 26, 2021
April 2, 2020
Industries & Practices
Banking & Financial Institutions
Explore This Practice View client achievements related to this practice View resources related to this practiceBankruptcy & Financial Restructuring
Explore This Practice View client achievements related to this practice View resources related to this practiceConsumer Financial Services
Explore This Practice View client achievements related to this practice View resources related to this practiceProject Development & Finance
Explore This Practice View client achievements related to this practice View resources related to this practice- Banking & Financial Institutions
- Bankruptcy & Financial Restructuring
- Consumer Financial Services
- Corporate Trust Services
- FinTech
- Lending Transactions
- Mergers & Acquisitions
- Private Equity
- Project Development & Finance
- Real Estate & Land Use