Structured Finance; Real Estate Financing

Represented bank client in the documentation, negotiation and participation of the simultaneous closing of $40 million credit facility used by the borrower to finance accounts receivable and inventory in connection with its manufacturing business located in Tennessee, and a $6 million real estate facility used to acquire certain real property located in Tennessee.

Real Estate and Construction Finance – Multi-Purpose Commercial Space

Represented bank client in connection with its financing of a $100 million multi-purpose development located in downtown Lexington. The project included the construction of an underground parking garage, office building, residential suites and commercial space.

Real Estate Finance – Medical Office Building

Represented bank client in the documentation, negotiation and participation of a $48 million credit facility used by the borrower to finance the construction of a pediatric hospital owned and operated by an affiliate of the University of Louisville. SKO represented the bank in the subsequent semi-permanent financing for the credit facility, which was closed in April 2017, and is currently serving as both bank and bond counsel in connection with the conversion of the existing credit facility to a tax exempt facility.

Commercial & Industrial Lending

Represented bank client in the documentation, negotiation and participation $12 million cred facility used by borrowing group to finance accounts receivable and inventory in connection with its tobacco and convenience store operations.

Commercial & Industrial Lending

Currently represent bank in the documentation and negotiation of multiple credit facilities totaling more than $25 million to a dental holding company and its 150 related entities used by the borrowing group for general working capital purposes and acquisition needs.

Real Estate Finance – New Market Tax Credit Financing

Represented bank client in connection with financing to a national non-profit organization utilizing new market tax credits to finance the construction of an 80,000 square foot facility including a primary care health facility, youth and community outreach venues, health and wellness areas, and administrative offices in Evansville, Indiana.

Real Estate Finance – Hospitality

Represented bank client in the documentation, negotiation and participation of a $26 million credit facility used by the borrower to finance the improvement and construction of an AC Hotel by Marriott and 196 unit parking garage located in Louisville, Kentucky. SKO’s representation included negotiation and documentation of a multi-level intercreditor agreement among the subordinated lending group, one of which provided financing under the EB-5 investment program.

Real Estate Finance – Entertainment

Represented bank client in the documentation and negotiation of two credit facilities totaling $20 million used by the borrowing group to finance the acquisition, improvement and construction of movie theater complexes located in Texas.

Real Estate Finance – Multi-Family

Represented bank client in the documentation and negotiation of a $26 million credit facility used by the borrower to finance the acquisition, improvement and construction of a multi-unit apartment complex located in Jeffersonville, Indiana.

Floor Plan and Real Estate Finance – Automobile Dealerships

Represented bank client in the documentation and negotiation of a $70 million floor plan credit and related real estate facilities used to finance the borrowing group’s automobile dealerships located in Pennsylvania.

Syndication

Represented administrative agent and lead bank in the documentation and negotiation of syndicated credit facilities totaling $57 million used by the borrowing group for overall corporate restructure, the acquisition and improvement of two river cruise ships to add to their existing fleet, the refinance of outstanding debt and for general working capital purposes.

Emerging Business and Venture Capital

Currently represent a fund which makes convertible debt and preferred equity investments in early-stage Kentucky business entities to facilitate the commercialization of innovative ideas and technologies.

Intellectual Property and Licensing

Currently represent a software services company that provides a suite of management and IT solutions for financial institutions, designed to improve efficiency and compliance with federal regulations in connection with seed round and subsequent financings involving a national private equity fund.

Economic Incentives

Currently represent state economic development cabinet in the documentation and negotiation of tax incentives under the Kentucky Business Investment Program, which is designed to assist companies in establishing or expanding operations in Kentucky, and the Kentucky Small Business Credit Initiative, which is designed to generate jobs and increase the availability of credit to small businesses by reducing the risk assumed by participating lenders in Kentucky.

Emerging Business and Venture Capital

Currently represent a fund which makes convertible debt and preferred equity investments in early-stage Kentucky business entities to facilitate the commercialization of innovative ideas and technologies.

Venture Capital – Technology and Life Science

Currently represent a fund making seed round and early stage investments in companies dedicated to science and technology innovation. The corporation focuses on developing and managing creative initiatives in education, economic competitiveness and scientific research.

Equine Financing

Represented bank client in the documentation and negotiation of multiple secured credit facilities in excess of $20 million used to finance the obligors’ equine operations throughout the United States.

• Lender Liability Claims: Preventing & Prevailing on Them, Presenter, 2019
• Arranging Financing for a Business Acquisition/New Business Venture (Venture Capital Funding, Bank Financing, Tax Incentives and Other Financing Options), 2016
• Tax Credits, Government Loans, Government Guarantees and Other Incentives Available to Businesses, 2014-2018
• Use of Collateral and Guarantees to Increase Likelihood of Repayment of Loans, 2016
• Lender Issues in a Troubled Economy – Working with Distressed Borrowers and Avoiding Potential Pitfalls, 2016-2018
• SKO Hemp Seminar, Oct. 29, 2019