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Kenneth P. Weinberg

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Ken Weinberg is a nationally recognized structured finance attorney and recipient of the Equipment Leasing and Finance Association's Edward A. Groobert Award for Legal Excellence. He advises banks, finance companies, investors, and project developers on complex equipment finance, structured finance, and energy finance transactions.

Overview


  • 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
  • Alabama, 1999

Ken Weinberg represents lenders, lessors, lessees, investors, and other market participants in complex financing arrangements. His experience spans true lease structures, including Fair Market Value (FMV), Terminal Rental Adjustment Clause (TRAC), and First Amendment leases, as well as secured financings, equipment finance agreements, traditional lending transactions, construction and interim financings, vendor finance programs, syndications, portfolio acquisitions, refinancings, and warehouse facilities.

Ken has represented banks, finance companies, and their affiliates in equipment lease and finance portfolio acquisitions exceeding $1 billion, negotiated transportation fleet leasing and financing arrangements, and advised on the sale of beneficial interests in leveraged lease structures involving aircraft and railcar portfolios. He has developed transaction documentation used by several of the nation's largest equipment leasing and finance companies in connection with a wide range of leasing, financing, and syndication transactions.

Additionally, Ken counsels banks and finance companies on equipment leasing and finance regulatory and operational matters, including nationwide compliance, lien perfection, lessor liability, insurance requirements, and the implementation of electronic signature and electronic chattel paper policies and procedures.

Beyond his equipment finance practice, Ken advises lenders, investors, and project developers on U.S. and international energy finance transactions. His experience includes recourse and non-recourse financings and tax-oriented sale-leaseback transactions involving a variety of energy assets, including renewable energy facilities, waste-to-energy projects, solar generation assets, and natural gas-powered plants.

Ken frequently speaks on equipment leasing and finance topics at client programs and industry conferences.

  • Represented a captive finance company in the sale of railcar assets and related lease portfolios in transactions totaling approximately $200 million.

  • Served as U.S. counsel in multiple cross-border financing transactions in Latin America, including a $148 million mining equipment financing, a $30 million construction-to-term loan financing for two power generation facilities, and an $11 million power plant financing.

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

  • Represented equipment finance subsidiaries of multiple financial institutions in connection with sale-leaseback transactions involving solar energy facilities in multiple states.

  • Represented a financial services company in the structuring, documentation, and closing of a complex non-recourse financing transaction involving five biogas energy facilities in California and a tax-exempt financing component with the California Pollution Control Finance Authority.

  • Represented a bank subsidiary in the acquisition of an equipment finance portfolio valued in excess of $100 million, consisting of equipment leases, installment sale contracts, and other financing arrangements.

  • Represented a bank subsidiary in multiple synthetic lease transactions totaling more than $50 million and involving earthmoving, construction, and material handling equipment.

  • Represented a financial institution in a $50 million tractor-trailer financing involving a corporate acquisition and the subsequent syndication of interests in the transaction to multiple investors.

  • Represented a bank subsidiary in connection with a $20 million financing of vehicles involving a complex operating and fleet management structure utilized by the borrower and unaffiliated third parties, raising unique collateral issues.

  • Represented an equipment leasing and finance company in the acquisition of an equipment lease that included ongoing maintenance, warranty, and other lessor obligations, requiring analysis of bundling, true-sale, and other complex finance and structuring issues.

  • Represented a bank subsidiary in multiple acquisitions of interests in titling trusts related to TRAC and Split TRAC lease transactions, including vendor program-originated assets.

  • Recipient – Equipment Leasing and Finance Association (ELFA) Edward A. Groobert Award for Legal Excellence (2023)
  • Listed in The Best Lawyers in America® for Banking and Finance Law since 2023
  • 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 – ELFA
    • Vice Chair, Energy Subcommittee (2019 – 2023)
    • Legal Committee Member (2018 – 2022)
  • Editorial Board Member – Equipment Leasing Newsletter, Law Journal Newsletters (LJN) (2016)
  • Author – "Dispatches from the Trenches," a regular column in Monitor, one of the equipment leasing and finance industry's most widely circulated publications (2002 – 2021)
  • "Advanced UCC," ELFA Legal Forum (May 2022)
  • "Legal Update," ELFA Legal Forum (May 2021)
  • "Merger-Up and Other Restructures," ELFA Legal Forum (May 2021)
  • "UCC Basics and Advanced," ELFA Legal Forum (May 2021)

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