Ken Weinberg

REPRESENTATIVE MATTERS

• Creation of form documentation used by several of the largest equipment leasing and finance companies in the United States (as rated by The Monitor 100) for transactions of all sizes and types, including for true leases, non-true leases, equipment financings, and syndications.
• Preparation of fifty-state surveys on a variety of relevant topics, including licensing, usury, motor vehicle titling, and landlord lien issues.
• Preparation of comprehensive internal policies and analysis covering lien perfection, lessor liability, insurance and corporate verification.
• Assisting multiple bank and bank subsidiaries in connection with their establishment of policies and procedures when purchasing transactions involving electronic signatures and, in some instances, electronic chattel paper.
• Represented bank subsidiary in connection with a $20 million financing of vehicles subject to a complex operating and fleet management structure used by the borrower and unaffiliated third parties, raising unique collateral issues.
• Represented bank subsidiary in connection with several synthetic leases of earthmoving, construction and material handling equipment totaling in excess of $50 million.
• Represented equipment leasing and finance company in connection with its acquisition of a lease of equipment involving ongoing maintenance, warranty and other obligations of the original lessor/assignor that raised “bundling”, true sale and other issues.
• Represented the equipment finance subsidiaries of multiple banks in connection with the sale-leaseback transactions of solar generation facilities in Alabama, Georgia, Mississippi and Tennessee.
• Representation of a bank in connection with the $50 million financing of tractor trailers in connection with the acquisition of the borrower by an operating and investment company, and representation of the bank in connection with the subsequent syndication of portions of such transaction to multiple investors.
• Representation of multiple banks and bank subsidiaries in connection with the acquisition of equipment leases and financings with a value of over $1 billion, including review and diligence of underlying leases or loans being assigned and negotiation of assignment documents.
• Representation of a bank subsidiary in connection with multiple acquisitions of beneficial ownership interests in titling trusts involved with TRAC and Split TRAC leases, including transactions acquired by the assignor through vendor programs.
• Representation of multiple banks and bank subsidiaries in connection with leases or financings provided to various transportation companies, many of which sublease or lease the vehicles to unaffiliated third parties, including owner operators.
• Represented bank subsidiary in connection with its acquisition of a portfolio of over $100 million of equipment leases, installment sales contracts and other equipment financings.
• Represented a financial services corporation in the structuring, documenting, and closing of a non-recourse project financing covering five biogas energy facilities in California (under the Bioenergy Market Adjusting Tariff), that also involved a tax-exempt overlay with the California Pollution Control Finance Authority.
• Served as U.S. counsel in connection with multiple financing transactions in Latin America, including a $148 million financing of mining equipment; a $30 million construction to term loan financing involving two cold reserve power plants capable of producing approximately sixty megawatts of electricity; and an $11 million financing of a power plant.
• Represented captive finance company in connection with its sale of a portfolio of railcars and the associated leases in transactions worth approximately $200 million.
• Represented the equipment finance divisions of multiple banks in transactions in which the divisions sold their beneficial interests, as owner participants, in leveraged lease transactions involving aircraft and railcars.