MARK WERNER represents borrowers, issuers, lenders, arrangers, underwriters and sponsors in a wide variety of structured finance and commercial finance transactions.
In recent years, Mark has focused on (i) the acquisition and financing of many non-traditional asset including mortgage servicer advances (in transactions involving private label securitization transactions and government sponsored enterprises), mortgage servicing rights, structured settlement payment rights, litigation funding payment rights and lottery prize receivables, and (ii) representing borrowers (including portfolio companies of private equity sponsors) and lenders in lending transactions, including acquisition credit facilities and working capital credit facilities.
Mark is listed as a “Best Lawyer” in Commercial Finance Law in the 2015–2019 editions of The Best Lawyers in America. Mark also has been recognized in the 2014 and 2015 editions of IFLR1000 as a “Rising Star” for Banking and Finance in the United States.
Mark’s recent transactions include the following:
- Representation of a non-bank residential mortgage servicer in connection with the structuring of a master trust and the issuance of 37 different classes of notes on the initial closing date of the master trust. The broad variety of notes issued in this complex transaction included rated notes, unrated notes, fixed rate notes, floating rate notes (including notes supported by interest rate hedges and other notes not supported by interest rated hedges), term notes and variable funding notes and involved 144A, Regulation S, bank and asset-backed commercial paper conduit execution.
- Representation of multiple public borrowers under syndicated credit facilities.
- Representation of a middle market private equity sponsor in connection with multiple acquisition financings involving senior and junior debt financing.
- Representation of a non-bank residential mortgage servicer in connection a series of servicer advance acquisition lines of credit.
- Representation of a major financial institution in connection with a series of commercial loan sourcing and investment programs (including several joint venture programs).
- Representation of an asset management firm in connection with the acquisition of economic interests in connection with mortgage servicing rights and the related acquisition financing.
- Representation of a placement agent in connection with the issuance of notes backed by structured settlement payment rights and annuity contract payments.
- Representation of financial institutions in connection with the structuring of structured settlement warehouse credit facilities.
- Representation of a healthcare company in connection with a first-lien/second-lien acquisition financing.
- Representation of a purchaser under a “flow” purchase facility for lottery prize receivables.
- Representation of borrowers and lenders under multiple structured trade receivables financings.