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Secured Lending
Original Program Date :


  • PRESIDING:
  • Kathleen O. Currey, Program Chair; Parker, Hudson, Rainer & Dobbs LLP, Atlanta, GA



  •  
  •  
  • 8:30
  • WELCOME
  • Julia Neighbors, ICLE Director, State Bar of Georgia, Atlanta, GA

  • 8:35
  • PROGRAM OVERVIEW
  • Kathleen O. Currey

  • 8:40
  • SURVEY OF RECENT COMMERCIAL LAW CASES
  • Anthony Cianciotti, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Atlanta, GA
  • Zachary Landers, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Atlanta, GA

  • 9:40
  • OVERVIEW OF ARTICLE 12 AND OTHER UCC AMENDMENTS
  • Michael Sullivan, King & Spalding LLP, Atlanta, GA
  • William Westbrook, King & Spalding LLP, Atlanta, GA

  • 10:25
  • BREAK

  • 10:35
  • FUNDAMENTALS OF LENDER FINANCE
  • Tara Castillo, Alston & Bird, Atlanta, GA
  • Kathleen O. Currey
  • Maria Merritt, Alston & Bird, Atlanta, GA
  •  

  • 11:25
    RECENT DEVELOPMENTS IN SYNDICATED LOAN MARKET (INCLUDING UP-TIERING CASES)
    Dan Ennis, Parker, Hudson, Rainer & Dobbs LLP, Atlanta, GA
    Lizzie Garner, Parker, Hudson, Rainer & Dobbs LLP, Atlanta, GA

  • 12:25
  • BREAK

  • 1:10
  • OVERVIEW OF RECURRING REVENUE LOANS
  • Frank Montes de Oca, Troutman Pepper Hamilton Sanders LLP, Atlanta, GA
  • Suzanne Soboeiro, Troutman Pepper Hamilton Sanders LLP, Atlanta, GA
  • Justin Wood, Troutman Pepper Hamilton Sanders LLP, Atlanta, GA

  • 1:55
  • DRAFTING ISSUES AND TRENDS IN INTERCREDITOR AGREEMENTS AND AALs
  • Kendel Drew, Holland & Knight LLP, Atlanta, GA
  • Kevin A. Gooch, Holland & Knight LLP, Atlanta, GA
  • Douglas S. Gosden, Holland & Knight LLP, Atlanta, GA

  • 2:45
  • BREAK

  • 3:00
  • RECENT DEVELOPMENTS IN BANKRUPTCY
  • John Dyer, Greenberg Traurig, LLP, Atlanta, GA
  • Alison Franklin, Greenberg Traurig, LLP, Atlanta, GA
  • Bethani Oppenheimer, Greenberg Traurig, LLP, Atlanta, GA

  • 3:50
  • ADJOURN

Ms. Kathleen O'Neil Currey, Parker Hudson Rainer & Dobbs LLP

Kathleen Currey is a partner in the commercial finance practice group with Parker, Hudson, Rainer & Dobbs LLP. She represents financial institutions and borrowers in secured lending and financial restructuring matters. Ms. Currey has extensive experience with syndicated loan facilities, asset-based financings, lender finance transactions, debtor-in- possession financings and negotiating complex intercreditor and subordination agreements. Ms. Currey is a member of the Firm’s executive committee and is the chair of the Firm’s partnership committee. She graduated from the University of South Carolina (B.S., Business Administration (Finance), 1986) and Emory University School of Law (J.D., with distinction, 1993) and is a member of the state bars of Georgia and South Carolina (inactive).

Ms. Currey is listed in Chambers USA Leading American Business Lawyers in banking and finance (2013-present) and in The Best Lawyers in America in banking and finance law (2016-present). Ms. Currey was featured in Secured Finance Network’s May 2021 Women in Secured Finance issue of The Secured Lender.

Mr. Anthony C. Cianciotti, Baker Donelson Bearman Caldwell & Berkowitz PC

Mr. Cianciotti is an Atlanta-based shareholder in the Financial Services Transactions Group of Baker Donelson. He helps banks, other commercial lenders and borrowers structure, negotiate, and close secured loan transactions. His experience includes asset-based and cash flow working capital facilities, equipment and acquisition financing, and venture debt and growth capital lending.  In addition to his experience in private practice, Mr. Cianciotti previously served as Vice President-Legal Counsel at First Capital, an asset-based lender providing secured lending solutions to mid-market businesses. He also served as an adjunct professor at Emory University Law School.  Mr. Cianciotti received his J.D., magna cum laude, from University of Pennsylvania Law School and his B.S., summa cum laude, from Boston College.

Zachary Landers, Baker Donelson Bearman Caldwell & Berkowitz PC
Mr. William Cabell Westbrook, King & Spalding LLP
Mr. Michael Charles Sullivan, Truist Bank
Tara Castillo, Alston & Bird LLP

Tara Eliza Castillo, chair of the Structured & Warehouse Finance Team, is a partner in Alston & Bird’s Finance Group. Tara focuses her practice on warehouse finance, structured finance, securitizations, and other asset-backed transactions. She represents borrowers, issuers, lenders, placement agents, underwriters, and other industry participants across a broad spectrum of asset classes, including auto loans and leases, consumer loans, credit card receivables, floorplan loans, lease-to-own receivables, merchant cash advance loans, online marketplace loans, and timeshare receivables. Tara also advises on the receivables financing aspects of large industry mergers and acquisitions.
Tara is a frequent industry speaker and has served as a guest lecturer at both the Universidad Diego Portales and Universidad de Chile law schools in Santiago, Chile, on securitization and structured finance. She is the author of the chapters “Securitization Readiness Considerations for Consumer Finance Companies,” “Auto Loan Securitizations” and “Timeshare Loan Securitizations” in the treatise Securitization: Legal and Regulatory Issues.
Tara’s work has earned her recognition as a leading securitization lawyer. She is listed in Chambers Global and Chambers USA in Capital Markets: Securitisation, named in the 2019–2022 editions of The Best Lawyers in America© in securitization and structured finance law, and was recognized as one of Law360’s “Top Attorneys Under 40” in capital markets. Tara also serves on the cabinet of the Structured Finance Association’s Women in Securitization.

Mr. Daniel Hackett Ennis, Parker Hudson Rainer & Dobbs LLP
Mrs. Elizabeth Buchanan Garner, Parker Hudson Rainer & Dobbs LLP
Mr. Justin Arthur Wood, Troutman Pepper Locke LLP
Ms. Suzanne Grace Soboeiro, Troutman Pepper Locke LLP

Suzanne represents lenders and borrowers in a variety of domestic and cross-border financing transactions. She represents clients in connection with secured and unsecured credit facilities, asset-based loans, acquisition financing, project financing, mezzanine lending arrangements, debt workouts, and restructuring-related matters.

Suzanne received her J.D. from Wake Forest University School of Law and received her bachelor’s degree in political  science and religious studies from the University of North Carolina at Chapel Hill. During law school, Suzanne was a Moot Court Member and quarterfinalist in the Leroy R. Hassell Sr. National Constitutional Law Moot Court Competition. Prior to entering law school, Suzanne served as a polling specialist for a national polling firm, where she assembled national, statewide, and local public opinion surveys.

Mr. Douglas Scott Gosden, Holland & Knight LLP

Doug Gosden is an Atlanta financial services attorney who focuses his practice on commercial finance transactions with an emphasis on syndicated credit facilities for the communications and healthcare industries.

Mr. Gosden is well-versed in negotiating and documenting secured and unsecured credit facilities, including syndicated loans, Term B loans, single bank loans, asset-based loans, securitizations, dividend recapitalization transactions, acquisition finance transactions, employee stock ownership plan (ESOP) finance transactions, supply side finance transactions and restructuring transactions. He regularly advises lead arrangers in financings for acquisitions of portfolio companies by private equity firms and sponsors. 

In addition, Mr. Gosden is highly experienced in negotiating intercreditor agreements in first-lien and second-lien transactions, as well as advising clients on issues arising in all aspects of secured transactions, including Uniform Commercial Code (UCC) foreclosure proceedings.

Mr. Kevin Andre Gooch, Holland & Knight LLP
Ms. Kendel Elizabeth Drew, Holland & Knight LLP

Kendel Drew is a financial services attorney in Holland & Knight's Atlanta office. Ms. Drew focuses on advising clients in connection with a wide range of commercial finance transactions. She has significant experience with syndicated, club, and single lender facilities consisting of cash flow facilities, asset based lending, leveraged acquisitions, dividend recapitalizations, healthcare financings, term B facilities, real estate financings, cross-border transactions, and structured finance matters. Her practice includes structuring sophisticated intercreditor arrangements, including split collateral financings, mezzanine debt, first lien and second lien financings, and unitranche facilities.  She also regularly advises lenders in workouts and restructurings involving a variety of troubled credits.

Mr. John J. Dyer, Greenberg Traurig LLP
Mr. Frank Alejandro Montes de Oca, Greenberg Traurig, LLP
Ms. Alison Elko Franklin, Greenberg Traurig LLP
Ms. Bethani Rachel Oppenheimer, Greenberg Traurig LLP
Ms. Maria Danielle Morris, Alston & Bird LLP

Maria Merritt focuses her practice on structuring and negotiating syndicated and single-lender debt facilities, as well as structured financing transactions across a broad array of asset classes.
Maria represents agents and lenders in asset-based loan facilities, cash-flow facilities, and asset backed facilities. Her lending practice includes representations in acquisition financings and cross-border deals across multiple asset classes and structures, including residential mortgages, merchant cash advances, and online marketplace loans.


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