David Clark is a partner in the finance and restructuring group, where his practice is concentrated in the area of finance and commercial law.
David regularly represents institutional and other investors and borrowers in a wide range of domestic and cross-border financing transactions. His experience includes senior and subordinated debt, leveraged acquisition financings, and project financings.
Recent transactions in which David has acted as primary purchaser or lender's counsel include:
- Rated, syndicated term financing backed by non-guaranteed student loans.
- Convertible note offering by a Cayman's issuer to finance construction of Brazilian ethanol assets.
- Senior subordinated credit facility (with an equity kicker) to a natural gas trading company.
- Senior secured credit facility to a Canadian agricultural investor.
- Syndicated revolving and term credit facility to a manufacturer of specialty machine parts, secured by real and personal property in two states and five European countries.
- Syndicated revolving and term credit facility to a multi-national database company.
- Revolving and term credit facility to provide construction, startup, and working capital for combination beef slaughter house and packaging plant, secured by the borrower's real estate and personal property.
- Letter of credit facility, guaranteed by Ex-Im Bank, to a Venezuelan port operator to finance the purchase of ship unloading, conveyor, and grain storage equipment.
- Letter of credit facility to a major airline secured by aircraft and routes.
Recent transactions in which David has acted as primary issuer or borrower's counsel include:
- Securitization of trade receivables by a major agri-business company.
- Secured revolving and term credit agreement to a telecom company to finance the acquisition of a public company.
- Secured loan to an Indian tribe to finance fixtures and equipment.
- Secured revolving credit facility to a leveraged hedge fund.
- Secured revolving credit facility to finance the inventory of a catalogue merchant.
David also advises corporates in connection with swaps and other hedges and manufacturers and distributors in connection with significant sales of equipment, purchase document forms, and distribution agreements.