Mark Spitzer

Practice Areas

Financial Services | Commercial Lending | Banking Law | Private Equity | Bankruptcy, Restructuring and Creditors' Rights | Private Credit

Personal

Duke University School of Law, J.D., 1986, Wichita State University, B.A., 1982

Career

Mark Spitzer is a financial services attorney in Holland & Knight's Los Angeles office. Mr. Spitzer has more than 30 years of wide-ranging experience in the commercial finance arena. His core client base consists of money center banks, regional commercial banks, local agencies of foreign banks, finance companies and alternative lenders, including structured debt funds.

Mr. Spitzer structures, negotiates and documents a broad variety of finance transactions, including complex secured and unsecured syndicated credit facilities, cash flow and asset-based loans, acquisition financings, credit product portfolio sales and multi-state real estate secured transactions. In addition, he handles unitranche, second lien, mezzanine and subordinated debt financings and the related intercreditor arrangements. Mr. Spitzer also has extensive experience in loan workout matters, including debt and equity restructurings.

Prior to joining Holland & Knight, Mr. Spitzer was an attorney at a national law firm in its Los Angeles office.

Experience

- Represented an administrative agent in revolving and term credit facilities provided to a private equity firm for its acquisition of a multichannel direct marketer and specialty retailer of apparel and accessories, jewelry and home furnishings; also represented such administrative agent in a subsequent dividend recapitalization transaction, resulting in an increase to the aggregate credit facilities to more than $93 million

- Represented an administrative agent in an extensive workout and restructure of a $125 million revolving credit facility provided to a market leader of consumer textile products

- Represented an agent in multiple real estate construction financing facilities provided to an owner-operator of eco-friendly car wash locations in several Western states

- Represented a lender in acquisition financing facilities (revolving and term) provided to an independent sponsor for the purchase of companies specializing in camping and outdoor activity products

- Represented an administrative agent in first lien revolving and term credit facilities aggregating $90 million, the proceeds of which were initially used to finance a sponsor's acquisition of a manufacturer of fineblanked metal components for automotive and industrial applications

- Represented a lender in $450 million revolving and term credit facilities provided to a leading bottled water supplier

- Represented a mezzanine fund in its purchase of $18 million in senior subordinated notes and related equity interests issued in connection with a private equity firm's acquisition of a specialty pharmacy operations company and subsequent acquisitions of complementary lines of business

- Represented a lender in multiple Main Street Lending Program secured term loans provided to restaurant development and technology companies

- Represented an administrative agent in connection with acquisition financing (including revolving, term and add-on acquisition line facilities of $55 million in the aggregate) provided to a sponsor for its acquisition of an independent tire dealer and automotive services provider operating in multiple states

- Represented a multinational apparel retailer in CA$40 million asset-based revolving credit facility

- Represented an administrative agent in $125 million revolving credit facility provided to a prominent Southern California oil and crude refining operator

- Represented a lender in multiple "capital call" facilities (including domestic and multicurrency credits), providing more than $750 million in revolving credit lines to various funds managed by a preeminent investment advisor

- Represented an insurance company subsidiary as syndicate arranger and lead purchaser in connection with the purchase of $55 million in senior subordinated notes and associated common warrants relating to a private equity firm's acquisition of a manufacturer, packager and processor of dried fruits, nuts and snack mixes

- Represented an international conglomerate oilfield products manufacturer in a $20 million multifacility, cross-border financing arrangement

- Represented a regional bank as agent and lender with respect to $90 million secured revolving, term and trade finance credit facilities provided to a manufacturer and global distributor of cosmetics and other beauty care products, including the financing of a significant strategic acquisition

- Represented a Fortune 30 company in connection with a portfolio sale (including leases, loans and other financial products) to another Fortune 10 company; purchase price exceeded $2 billion

- Represented a mezzanine fund in its purchase of senior subordinated notes issued in connection with a "sponsor-to-sponsor" acquisition of a consumer housewares company

- Represented an administrative agent in connection with a $100 million revolving ("rediscount") and term credit facilities provided to a regional finance/factoring company

- Represented an administrative agent in extensive workout and restructure of working capital, term and swap credit facilities aggregating in excess of $100 million with a joint venture providing distribution and advertising services to owners of local daily newspapers; transaction included exchange of a portion of the debt for equity in the restructured company

- Represented a lender in the initial $1 billion and subsequent upsize to $1.75 billion unsecured revolving credit facility provided to a joint venture investor in power generation projects

- Represented a steering committee (consisting of revolving, initial term and delayed draw term lenders) with respect to an aborted restructuring of credit commitments exceeding $2 billion provided to a hotel/casino developer

- Represented a small business investment company in connection with its purchase of senior secured revolving and term notes issued by an electronic cigarette and vaping products company