Practice Description:

David Kolodny has been actively engaged in secured finance and corporate transactions for over 23 years, and has extensive experience working with Articles 9 and 8 of the Uniform Commercial Code. David has represented borrowers and lenders in numerous secured and unsecured loan and other financing transactions (originations and restructurings), including transactions for a global manufacturer and distributor of durable medical equipment, U.S. and offshore hedge funds and other investment funds, a dairy processing company, staffing companies, various other service businesses, manufacturers, real estate developers, banks, finance companies and not-for-profit organizations.  David has worked on secured financings involving primary collateral including working capital assets, equipment, investment property, deposit accounts, partnership interests, contract rights, interests in life insurance policies, general intangibles, chattel paper, commercial tort claims and other classes of assets, including assets located in or having a nexus with other countries or owned by debtors organized in other countries. He has also represented buyers and sellers in numerous business sales and acquisitions involving a global manufacturer and distributor of durable medical equipment, investment managers, dairy processing companies, manufacturers, computer software companies, staffing companies and various other businesses. David also has substantial expertise representing equity owners with a wide variety of equity interests and profit and other participations in limited liability companies, partnerships and corporations. David has also represented investment funds in connection with ISDA schedules and credit support documents, total return and interest rate swaps and other derivatives transactions, prime brokerage and TALF loan transactions. He has also negotiated and drafted documentation in connection with buy-sell, employment, consulting, confidentiality and restrictive covenant agreements as well as a broad range of other general corporate matters.

Significant Matters:
Represented a global manufacturer and distributor of durable medical equipment in (a) its acquisition of (i) all of the stock of a leading manufacturer of oxygen conserving devices, regulators and other respiratory products, (ii) substantially all of the assets of a national manufacturer and distributor of power wheelchairs and mobility scooters, (b) numerous secured financing, subordinated financing and preferred equity financing transactions and (c) general corporate matters relating to its U.S. operations; represented an investment fund in connection with financings secured by interests in life insurance policies; represented an investment fund in financings secured by senior secured corporate loans; represented investment funds in numerous TALF financings; represented numerous corporate borrowers in syndicated and single lender working capital and term loan transactions; represented numerous hedge funds in connection with prime brokerage and ISDA documentation; represented a public company financing a tender offer and its working capital requirements; represented numerous buyers and sellers of businesses in connection with asset and stock acquisition and disposition transactions.