David S. Kolodny is a seasoned, thoughtful, and business-minded mergers and acquisitions, finance, and general corporate attorney with over 30 years of experience. Mr. Kolodny was a corporate and finance partner for more than 25 years at Bryan Cave Leighton Paisner LLP, McCarter & English LLP, and other prominent law firms.
Mr. Kolodny has extensive experience representing buyers and sellers of middle market businesses; borrowers in connection with asset-based loans, cash flow loans, and various other secured and unsecured financing transactions; counterparties in hedging transactions; and clients in connection with various corporate matters.
Mr. Kolodny’s experience includes work in a range of industries, including medical device manufacturers and distributors, lifestyle and consumer product manufacturers and retailers, a fire sprinkler manufacturer, other manufacturing businesses, beverage product distributors and processors, staffing businesses, hedge funds, financing and lending institutions, investment managers, real estate businesses, and automobile lessors.
Practices
- Corporate
- Mergers and Acquisitions
- Corporate Banking and Finance
- Life Sciences
- Private Equity
Representative Matters
The following matters include work handled prior to joining Sills Cummis.
- Represented, for over a decade, a leading global manufacturer of medical devices and other health care products in numerous asset and stock acquisitions and sales (including cross border transactions), several rounds of private equity preferred stock and subordinated debt financings, numerous senior secured debt financings, supply chain finance and customer secured financings, interest rate swaps, and various contract negotiations. Supervised subject matter experts and local counsel, as applicable, in connection with contract, employment, real estate, and compliance issues.
- Represented a medical and lifestyle product manufacturer and retailer in connection with stock and asset acquisitions, and senior and subordinated debt financings. Supervised subject matter experts in connection with various compliance issues.
- Represented a medical device manufacturer in connection with various supply and distribution agreements.
- Represented an NYSE-listed global company in connection with acquisition transactions involving companies engaged in consumer goods businesses in the U.S. and various foreign jurisdictions.
- Represented, for over a decade, a fire sprinkler manufacturer with foreign subsidiaries in connection with a private equity common stock financing, numerous senior secured financings, and general corporate matters.
- Represented beverage distributors in stock and asset sale and purchase transactions, financings, and derivatives transactions.
- Represented companies involved in computer training, point of purchase display, and industrial packaging businesses in asset and stock dispositions.
- Represented numerous staffing companies in connection with asset and stock sales, financing and factoring transactions, and various general corporate matters.
- Represented investment managers selling substantially all of their assets.
- Represented a dairy processor in obtaining and restructuring term loan financing from a financial institution and subordinated term loan and working capital financing from a supplier as well as various general corporate matters.
- Represented numerous asset-based lenders and borrowers in connection with inventory and accounts receivables financings.
- Represented numerous borrowers in cash flow secured loan transactions.
- Represented a major international bank’s investment funds whose primary assets are senior secured loans, as a borrower, in connection with syndicated and single lender loan transactions.
- Represented hedge funds in syndicated and single lender secured loan transactions, total return swap transactions, and other ISDA negotiations, prime brokerage and futures account agreements, repurchase agreements, and securities loan documentation.
- Represented an investment fund in financings to fund insurance premium payments where the financing repayment obligations were secured by a security interest in life insurance policy interests.
- Served as reviewing partner in the issuance of legal opinions covering general corporate matters as well as the creation and perfection of security interests in different categories of UCC assets.
- Represented mezzanine borrowers and lenders in various real estate financings.
- Represented various parties in interest rate swap transactions and related ISDA negotiations.
Education
- J.D., New York University School of Law
- B.A., Johns Hopkins University (with honors )