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Mark S. Franklin

Member, Louisville

Mark concentrates on public finance. A Member in our Louisville office, Mark has been with the firm since 2007 and is AV Preeminent® Peer Review Rated by Martindale-Hubbell®.

Mark regularly serves as bond counsel, issuer’s counsel, underwriter’s counsel and lender’s counsel.

His bond counsel practice recently involved tax-exempt refundings for public utilities, post-issuance compliance and private activity analysis for an arena authority’s outstanding tax-exempt bonds, general obligation bond issuances for various cities and counties, revenue bond financings for several water districts, and tax-exempt refundings for nonprofit educational institutions. Mark also serves as bond counsel in taxable lease financings designed to provide state and local property tax abatements for new industrial and commercial projects in Kentucky.

As underwriter’s counsel, he represented an underwriter in a tax-exempt financing for a private Kentucky college.

As issuer’s counsel, he is regularly involved in statewide conduit bond issues regarding various qualified private activity bond financings.

Mark represents financial institutions as lender’s counsel with respect to their taxable and tax-exempt bond financings. In addition, he has represented a financial institution in connection with a Chapter 9 Bankruptcy where the primary obligations owed by the debtor were general obligation and revenue bond financings held by a consortium of banks. Mark also helps financial institutions structure tax-exempt proposals for clients (dealing with bank qualified issues, local approval requirements, etc.) and helps them negotiate post-issuance workouts and evaluate post-issuance compliance concerns, all of which can involve greater complexity than traditional taxable financings.

Mark is a member of the Louisville, Kentucky and American Bar Associations and is also a member of the National Association of Bond Lawyers. He volunteers on the Finance Committee at the Home of the Innocents.

Education
University of Louisville Brandeis School of Law
2001, J.D., magna cum laude
University of Kentucky
1996, B.A., cum laude
Admissions
Kentucky
U.S. District Court, Eastern District of Kentucky
U.S. District Court, Western District of Kentucky
United States Tax Court

Recognition

  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell®

Affiliations

  • American Bar Association
  • Kentucky Bar Association
  • Louisville Bar Association
  • National Association of Bond Lawyers
  • Home of the Innocents, Finance Committee member
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Work Highlights

Private Activity Bonds

Served as bond counsel for two Kentucky public utilities for the issuance of $125 million and $96 million tax-exempt qualified private activity bonds. As qualified tender bonds, the respective financings were initially marketed with weekly or long-term interest rates.

Served as bond...

General Obligation Bonds

Served as bond counsel for the issuance of $5.1 million tax-exempt general obligation bonds for a Kentucky city to refinance the costs of public safety facilities.

Served as bond counsel for a Kentucky county for the issuance of $2.87 million tax-exempt general obligation bonds to finance...

Revenue Bonds

Served as bond counsel for a Kentucky city for the issuance of $9.99 million tax-exempt revenue bonds to finance the costs of sewer system improvements.

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