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Mark Kohler

Shareholder

Mark Kohler is an experienced commercial finance attorney who focuses his practice in the equipment financing, leasing and syndication areas and state and local legislative and regulatory issues relating to the equipment financing industry.

Professional Biography


Shareholder Mark Kohler has 35 years of legal experience in the equipment financing and syndication industry, during which time he has provided advice and counsel to the world's largest non-bank financial services company, as well as national and regional banks and financial institutions, senior executives, officers, and other senior-level employees in both in-house and private practice. Mr. Kohler has a reputation of being a highly effective facilitator between buyers and sellers and financing parties and customers of all types of equipment financing and syndication transactions.

While at Baker Donelson, he has documented, closed and negotiated hundreds of direct and indirect equipment financing transactions, syndications, portfolio purchases and sales and acquisitions. As part of his regular practice at Baker Donelson, Mr. Kohler has prepared industry-leading standard equipment leasing and financing standard form documents and syndication templates for dozens of banks and other equipment financing companies. He also has researched and provided guidance regarding a myriad of state laws and requirements relating to licensing, perfection and compliance issues involving equipment leasing and financing and related issues.

Before joining Baker Donelson, Mr. Kohler served as the general counsel of GE's Capital Markets group, where he managed and/or provided the lead internal legal support on the syndication and sale of more than $48 billion of equipment financing transactions. While there, he oversaw the implementation of any new syndication programs and products, helped maintain the company's broker-dealer license and compliance with laws, and supported portfolio sales and one-off syndications relating to all types of equipment financing transactions originated by GE Capital's numerous equipment financing businesses, including fleet, corporate aircraft, marine, motor vehicle, manufacturing, commercial and industrial, trailer, IT, health care, vendor and railcar. In addition, as region and senior counsel at GE Capital, Mr. Kohler provided the lead legal support on the structuring, negotiation, documentation, review and closing of the acquisition of more than $2.3 billion of indirect equipment leasing and financing transactions across dozens of collateral types.

Mr. Kohler brings all this experience to his clients, advising them on all equipment leasing and finance matters, as well as motor vehicle fleet financing and titling trusts, capital markets and syndication matters, broker-dealer compliance, state legislative laws and developments, and general corporate and commercial transactions, including third-party purchase or financing.

Mr. Kohler is very actively involved in writing, speaking, and committee activities within the Equipment Leasing and Finance Association (ELFA).

  • Oversaw the implementation of the syndication program relating to an entity's new industrial finance business.

  • Managed the legal support relating to the syndication of an entity's equipment financing transactions.

  • Established titling trusts and the related syndication documents for multiple motor vehicle leasing businesses.

  • Developed multiple portfolio sale and syndication agreement templates relating to the sale of hundreds of millions of multiple types of equipment financings for multiple clients.

  • Represented the U.S. affiliate of a Japanese bank in the review and acquisition of a portfolio with more than 500 medical device equipment leases and secured loan transactions totaling more than $100 million purchased from the captive finance company of a large medical device manufacturer.

  • Represented a community bank in the acquisition and review of three separate portfolios of hundreds of small ticket equipment lease and secured loan transactions involving myriad of collateral types and seller reserve accounts from three different equipment finance companies.

  • Participated as a general counsel member of client's business development legal team in helping document, negotiate and manage the provisions of the stock and asset purchase agreements, asset purchase agreements and transitional servicing agreements relating to all syndication and indirect purchased equipment and corporate aircraft leasing and financing transactions sold by such client and its affiliates in connection with the sale of approximately $53 billion of financial assets to four different financial institutions and involving six different businesses.

  • Chairman – Equipment Leasing & Finance Association State Legislative & Regulatory Committee (2007 – present)
  • Member – Equipment Leasing & Finance Association Legal Committee (2006 – 2009)
  • Fellow – American College of Commercial Finance Lawyers (2013)
  • Member – GE Capital Americas Legal Advisory Board (2009 – 2014)
  • Recipient – Equipment Leasing & Finance Association's Edward A. Groobert Excellence in Leasing Award (2013)
  • Recipient – GE Capital Americas Hero of Growth Award (2007)
  • Equipment Leasing & Finance Association's Annual Legal Forum (2006 – 2014, 2016 – 2019)

Education

  • George Washington University National Law Center, J.D., 1989, with honors
  • University of Maryland, B.A., International Relations (Government and Politics School), 1986, summa cum laude

Admissions

  • Maryland, 1989

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