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Mark S. Franklin

Member, Louisville

Mark concentrates on public finance and business services. A Member in our Louisville office, Mark has been with the firm since 2007.

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

His bond counsel practice has recently involved tax-exempt financings for public utilities, a tax-exempt and taxable financing for an arena authority, general obligation bond financings for cities and counties, revenue bond financings for water districts, and financings for nonprofit educational institutions. Mark also serves as bond counsel in taxable lease financings providing state and local property tax abatements for new industrial and commercial projects in Kentucky.

As underwriter’s counsel, he has represented underwriters in tax-exempt private university financings.

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

As borrower's counsel Mark regularly represents a state-wide health system with respect to its bond issues.

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.

Business Services: Outside of the public finance realm, Mark provides legal counsel to businesses of all sizes, from small local companies to major corporations with a global footprint. His focus within this practice group includes banking, corporate finance, and lending.

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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Meet Mark

Work Highlights

Private Activity Bonds

Served as bond counsel for a public arena for the issuance of $377 million tax-exempt and taxable qualified 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...

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 borrower's counsel for a state-wide health system for the issuance of $128.9 million taxable 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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