Equity & Loan Financing | Download Case Study

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Counsel that spells results. When it comes to discerning complex financial matters, no one gets down to the facts better than Barrie. He represents lenders, investment banks, equity participants, trustees, distributors, manufacturers, developers, and property owners in all phases of financing transactions.

Barrie’s experience includes the full spectrum of structured finance projects, such as structuring and negotiating senior and subordinated debt, asset-based facilities, working capital facilities, floor plan financing, leveraged leasing, syndication and participation arrangements, and tax-structured financing. He also assists lenders on issues concerning land use, government permitting and regulation, environmental law, state and local tax law, development grants and incentives, and tax-exempt financing.  Barrie's ability to identify the advantages and drawbacks of diverse investments and private equity transactions is the kind of legal value that adds up for his clients.
Practical Experience
Commercial and Investment Transactions
  • Structured a $12 million convertible loan-to-equity transaction for private investors in a biotech company, involving warrants and resulting in a successful IPO.
  • Structured a $20 million buyout of a computer component fabricating company for the business owner.

Lending Issues
  • Negotiated a subordination agreement with a foreign tech investor for a private lender
    in a $6 million transaction.
  • Negotiated the release of the business owner’s personal guaranty in a $12 million warehouse
    loan refinance.
  • Represented a private lender in a $4 million loan participation involving a $10 million petroleum processing equipment lease, including loan reserve control agreements.
 
Entity Formation, Re-organization and Merger
  • Formed $10 million California, Georgia and Delaware shopping center investment LLCs to qualify for institutional financing.
  • Due to the retirement of a member, restructured a $10 million golf course resort development limited liability company.

Private Equity
  • Successfully negotiated on behalf of a real estate investment partnership with the bankruptcy trustee of a defunct investment in oil-producing real estate to recover the partners’ $15 million investment.
  • Closed the sale of a $3 million tech company to an investment partnership, enabling the seller to remain involved under a services contract.

Family Business Issues
  • Negotiated membership in a new purchasing alliance and resolved inter-generational management succession issues for the owners of a $20 million floral business.
  • Advised inheritors of a $17 million California ground lease office property in multiple transfers of leasehold interests, operating expense disputes, and carve-out of a small parcel to an adjacent owner.

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Case Study:
Private Investors'
Successful Deals

"Cowan assembled a sophisticated loan deal for us involving both foreign and domestic investors. We couldn't be more pleased with the results."...Rob S., San Jose, CA