David Kolodny is an experienced M&A, finance and general corporate lawyer with a strong work ethic who cares deeply about each client and the sophisticated matters he works on. He is a quick study and a versatile lawyer, and has worked on a multitude of different transactions across a broad range of industries.
He has significant experience representing durable medical equipment manufacturers, distributors and retail suppliers in M&A, working capital and acquisition finance transactions as well as general corporate matters. He has handled more than 20 M&A transactions involving DME business buyers and sellers, and understands how to spot and address industry-specific and risk allocation issues that arise in those transactions. David works closely with McCarter’s leading intellectual property, regulatory, global trade, supply chain, product liability and other practice group attorneys who have done extensive work for medical device companies. The target companies in these M&A transactions manufactured, distributed and sold a wide range of mobility devices, bathroom safety devices, sleep and respiratory products, support surfaces, bed products, personal care products and patient room products, and in certain cases had significant operations in the UK, Europe, Canada, Asia and Australia, among other countries.
In addition to doing deals in the DME industry, David has represented consumer and industrial products manufacturers and distributors, retail businesses, staffing businesses, leasing companies, private equity fund portfolio companies, hedge funds, hedge fund managers, governmental subcontractors, portfolio companies and various service businesses in numerous cross border and domestic M&A, finance, investment, and other corporate transactions. David’s secured financing experience is substantial, where he has represented corporate borrowers in a significant number of asset-based financing, cash flow and acquisition secured financing transactions, hedge funds in connection with secured financing and derivatives transactions and real estate and commercial borrowers in interest rate swap and cap transactions.
David enjoys playing and watching a wide variety of sporting events and sports documentaries and analyzing sports statistics. He lives and dies with the Knicks and Mets, and that has not been easy for the last 50 years, but he believes better days are on the horizon.
Representative Matters
- Represented a leading global manufacturer of medical devices in connection with a leveraged buyout involving a major private equity fund.
- Represented a global manufacturer and distributor of medical devices in more than a dozen acquisition transactions and the financing of those acquisitions, including acquisitions of targets with a substantial presence in the UK, Canada, France, Germany, Australia and other jurisdictions.
- 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 the buyer of substantially all of the assets of a business that bought and sold walkers and related products to distributors and consumers.
- Represented a global fire sprinkler manufacturer in connection with a private equity common stock financing, numerous senior secured financings and various general corporate matters.
- Represented numerous portfolio companies in connection with the acquisition and disposition of staffing, technology and service businesses.
- Represented beverage distributors in stock and asset sale and purchase transactions, financings, derivatives transactions and various general corporate matters.
- 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 numerous investment managers selling substantially all of their contract rights and other assets and in general corporate matters.
- Represented numerous automobile lessors in connection with portfolio purchases and sales, financings and general corporate matters. Served as outside general counsel to numerous automobile lessors.
- 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. Served as outside general counsel to said dairy processor.
- 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 and other investment 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.
- Represented mezzanine borrowers and lenders in various real estate financings.
- Represented investors providing preferred equity in various real estate ventures.
