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Ken Weinberg

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Ken Weinberg has been actively involved in the equipment leasing and finance industry for approximately twenty years, and has experience with many types of participants, equipment, facilities and structures.

Featured Video

Equipment Leasing and Finance 101 August 31, 2016

Featured Experience

Prepared primary legal documentation for multiple bank-affiliated equipment leasing and finance companies, including all forms for various types of true lease transactions and all necessary documentation for equipment finance arrangements (in each case, both middle-market and small-ticket transactions).

Prepared comprehensive lien perfection policies for multiple bank-affiliated equipment leasing and finance companies and a large, nationally known captive finance company.

Prepared fifty-state surveys for multiple equipment leasing and finance companies on a variety of relevant topics, including licensing, usury, motor vehicle titling, and landlord lien issues.

Professional Biography

Overview

Mr. Weinberg is a shareholder in the Firm's Birmingham office and has been involved in equipment leasing and finance transactions having an aggregate value well into the billions of dollars, including TRAC, First Amendment, FMV, service contract and other true lease structures; synthetic leases, leases intended as security, equipment finance agreements and traditional loan transactions; progress payment, interim funding and construction financings; sublease and inventory structures; mixed goods and services transactions; vendor lease programs; assignments and syndications; warehouse and funding lines; and refinancings, back-leveraging, lease assignments, sales of interest and portfolio acquisitions.

Ken has additional experience in the further niche of energy financing, including representing lenders, investors and developers in project financing transactions (debt and tax-driven sale-leasebacks) for energy facilities across the country, including biomass facilities, landfill-gas-to-energy projects, solar facilities and natural-gas-fired plants.

Representative Matters
  • Prepared primary legal documentation for multiple bank-affiliated equipment leasing and finance companies, including all forms for various types of true lease transactions and all necessary documentation for equipment finance arrangements (in each case, both middle-market and small-ticket transactions).

  • Prepared comprehensive lien perfection policies for multiple bank-affiliated equipment leasing and finance companies and a large, nationally known captive finance company.

  • Prepared fifty-state surveys for multiple equipment leasing and finance companies on a variety of relevant topics, including licensing, usury, motor vehicle titling, and landlord lien issues.

  • Served as U.S. counsel in connection with a $148 million financing transaction relating to the acquisition of mining equipment for use in Latin America.

  • Represented lender in connection with a construction-to-term-loan facility for a $62.5 million landfill gas-to-electricity facility in California, and the subsequent sale by such lender of a participation interest in the financing.

  • Represented bank subsidiary in connection with $22 million synthetic lease of earthmoving, construction and material handling equipment.

  • Represented bank subsidiary in connection with a $20 million financing of vehicles subject to the complex operating and fleet management structure used by the borrower and unaffiliated third parties, resulting in lease, quiet enjoyment, and unique collateral issues.

  • Represented borrower in connection with a $105 million syndicated facility with approximately two dozen landfill gas-to-energy projects, plus a later $50 million upsizing that financed the acquisition of approximately one dozen more landfill gas-to-energy projects.
  • Represented bank subsidiary in connection with its acquisition of over $100 million of equipment leases, installment sales contracts and other equipment financings.

  • Represented bank subsidiary in connection with a $20 million TRAC lease.

  • Represented lender in connection with a $36 million landfill gas-to-energy project in Nevada and a $26 million landfill gas-to-energy project in New Jersey, both involving turbine generator sets.

  • Represented lender in connection with a $22 million cattle farm based digester project located in Idaho and a $21 million swine farm based digester project located in Utah.

  • Represented the equipment finance divisions of multiple banks in transactions in which the divisions sold their beneficial interests, as owner participant, in leveraged lease transactions involving aircraft and railcars.
  • Represented a financial services corporation in the structuring, documentation, negotiation and closing of a non-recourse project financing covering five biogas energy cogeneration facilities in California, that also involved a tax exempt overlay with the California Pollution Control Finance Authority.

  • Represented the equipment finance subsidiary of multiple banks in connection with the sale leaseback transactions of solar generation facilities in Alabama, Tennessee, Georgia.
Professional Honors & Activities
  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
  • Selected by American Lawyer Media and Martindale-Hubbell™ as a "Top Rated Lawyer in Lawyers in Banking & Finance Law"
  • Member – Equipment Leasing and Finance Association
    • 2019 Legal Committee
    • 2018 Legal Committee
    • 2019 Co-Chair, Energy Subcommittee
  • Member – Editorial Board of LJN's Equipment Leasing
  • Listed as a "Rising Star" in Alabama Super Lawyers (2011, 2014)
  • Member – Alabama and American Bar Associations
  • Member – UCC Subcommittee on Leasing and UCC Subcommittee on Secured Transactions
Publications
Speaking Engagements
  • "Advanced UCC," Equipment Leasing and Finance Association Legal Forum (May 2017, May 2018, May 2019)
  • "Legal Update," Equipment Leasing and Finance Association Legal Forum (May 2017)
  • "Advanced UCC Topics," Equipment Leasing and Finance Association's Legal Forum (May 2016)
  • "Structured Finance," Equipment Leasing and Finance Association's Legal Forum (May 2015)
  • "Suretyship: Sure to be Informative! We Guarantee It!," Equipment Leasing and Finance Association's Legal Forum (April 2012)
Webinars
Videos

Awards

Education

  • University of Georgia School of Law, J.D., 1999, cum laude
    • Executive Articles Editor, Journal of Intellectual Property Law
  • Vanderbilt University, B.A., 1996, magna cum laude
    • Phi Beta Kappa
    • Special Honors in the College of Arts and Sciences

Admissions

  • Alabama, 1999

Ken knows the intricacies of our business. He knows our hot points and what positions we have taken in the past. I've seen him work with clients when we hit snags and I've never had a transaction go off track because of a legal point.

Senior Vice President of the equipment finance division of a multibank holding company that offers a full spectrum of banking services

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