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Alan J. Mogol

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Alan Mogol concentrates his practice structuring and negotiating equipment finance transactions as well as developing standard equipment lease/loan and syndication documentation, including the use of motor vehicle titling trusts.

Featured Video

The Structure and Advantages of a Motor Vehicle Titling Trust Program May 24, 2017

Featured Experience

As lessor's counsel, structured, negotiated and documented a single investor true lease of box cars (having an approximate value of $60,000,000).

On behalf of a middle market lessor, reviewed and revised the standard lease documentation package used by that lessor to conform to changes in the law and "market" provisions expected by syndication parties. 

On behalf of multiple middle market lessors, developed motor vehicle titling trusts for use in connection with the syndication of equipment finance transactions involving certificate of title motor vehicles under tax-motivated lease structures, including the negotiation and documentation of the Trust Agreement and Servicing Agreement. 

Professional Biography

Overview

Mr. Mogol has more than 45 years' experience in the negotiation and documentation of equipment finance transactions.

Mr. Mogol handles a variety of single investor and leveraged leases of manufacturing, retail, construction and mining equipment; modular storage facilities; computerized assembly line equipment; over-the-road vehicles; computer systems; medical and other high-technology equipment; corporate and business aircraft; railroad rolling stock; and facility financings (including fuel facilities and manufacturing plants). These transactions include tax-motivated leases, TRAC and split-TRAC leases of vehicles, and leases for security.

He has assisted more than a dozen national equipment financing companies in developing standard lease and syndication documentation, including the implementation of titling trusts. He has established motor vehicle and master aircraft titling trusts with clients to facilitate syndication and to address FAA citizenship issues.

Mr. Mogol has worked with clients in developing structures for the tax leasing of equipment subject to industrial revenue bond financings and payment in lieu of tax programs.

His experience also includes secured financing transactions, including synthetic leases, working capital lines of credit, inventory and receivables facilities, letter of credit lines and equipment financing. He has worked with credit enhancements, including guaranties, letters of credit, certificates of deposit, cash collateral, deposit accounts and pledges of certificated and uncertificated securities. Mr. Mogol views his role in a transaction as a facilitator, not an impediment. Rather than just identifying obstacles, he suggests approaches to address the issues in a manner which protects the interests of his client.

He is a frequent lecturer and author in the equipment financing area.

Representative Matters
  • As lessor's counsel, structured, negotiated and documented a single investor true lease of box cars (having an approximate value of $60,000,000).

  • On behalf of a middle market lessor, reviewed and revised the standard lease documentation package used by that lessor to conform to changes in the law and "market" provisions expected by syndication parties. 

  • On behalf of a middle market lessor, developed a standard form of master assignment agreement for use in connection with the syndication of equipment finance transactions, with the flexibility for use with respect to both loan and lease transactions (including true leases and leases for security).

  • On behalf of multiple middle market lessors, developed motor vehicle titling trusts for use in connection with the syndication of equipment finance transactions involving certificate of title motor vehicles under tax-motivated lease structures, including the negotiation and documentation of the Trust Agreement and Servicing Agreement. 

  • As lender's counsel, structured, negotiated and documented a leveraged lease of wine barrels (having an approximate value of $35,000,000).

  • As lessor's counsel, structured, negotiated and documented the split-TRAC lease of over-the-road commercial vehicles (having an approximate value of $5,000,000).

  • As lessor's counsel, structured, negotiated and documented a synthetic lease of rail cars (having an approximate value of $15,000,000). 

  • As lessor's counsel, structured, negotiated and documented a single‑investor lease of rental vehicles, and the syndication of equity interests therein (having an approximate value of $67,000,000).

  • As lessor's counsel, structured, documented and negotiated the sale‑leaseback, and subsequent syndication through the sale of participation interests, of computer equipment and store furniture, fixtures and equipment (having an approximate value of $35,000,000).

  • Completed the transfer of a $1.2 billion portfolio of equipment finance transactions by an equipment finance company. The transfer, which was accomplished in an abbreviated time frame, required the preparation and negotiation of assignment and assumption documents, the review of underlying finance transaction documents to determine what consents and notices were necessary, and effectuating said consents and notices. Since the portfolio included aircraft and railcars, the transfer also required the preparation and recording of documents with the Federal Aviation Administration, the Surface Transportation Board, and the Registrar General of Canada.
Professional Honors & Activities

Professional Memberships

  • Member – American Bar Association
    • Section of Corporations, Banking and Business
  • Member – Baltimore City Bar Association
    • Section of Business Law
  • Member – Maryland State Bar Association
    • Section of Business Law
    • Past Chair – Section Council
    • Past Chair – Committee on Uniform Commercial Code
  • Member – Equipment Leasing and Finance Association
    • Board of Directors (2020)
    • Lawyers Committee
    • Education Committee
  • Member – Maryland Institute of Continuing Professional Education for Lawyers
    • Past Member – Board of Trustees

Community Service

  • Past Member, Board of Directors – Transitional Living Council of Central Maryland, Inc.

Honoraries

  • Fellow – American Bar Association Foundation Inc.
  • Fellow – Maryland Bar Foundation, Inc.
  • Listed since 2007 in The Best Lawyers in America®, Equipment Finance Law Category; since 2017, Banking and Finance Law; named Baltimore Banking and Finance Law "Lawyer of the Year" (2017 and 2020)
  • Recipient – Edward A. Groobert Award for Legal Excellence, Equipment Leasing and Finance Association (ELFA) (2016)
  • Listed in Maryland Super Lawyers for Banking (2007 – 2009, 2011)
  • Listed as one of the "Twenty-Five Most Influential Attorneys in Leasing and Finance," Leasing News (2016)
  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
Publications
Speaking Engagements

Awards

Education

  • University of Virginia School of Law, J.D., 1971
  • University of Virginia, B.A., 1968, with distinction

Admissions

  • Maryland
  • Court of Appeals of Maryland
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. District Court for the District of Maryland
  • U.S. Supreme Court

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