Vincent J. Novak

Vincent Novak devotes his practice to advising clients in complex financing transactions across a variety of industries and is skilled at finding creative, bespoke solutions to unique challenges that clients face. He represents public and private companies, private equity sponsors, venture-backed companies, financial institutions, renewable energy investors, social enterprise and impact investors and emerging and multinational companies in connection with domestic and cross-border financial transactions.  He assists clients in both secured and unsecured loans and revolving facilities, bilateral and syndicated lending, acquisition finance, asset and cash-flow based lending, letter of credit financing, equipment leasing, factoring arrangements, distressed lending and workouts, navigation of foreclosure proceedings and assignments for the benefit of creditors, and debtor-in-possession financing in bankruptcy proceedings.

Representative Experience

• Represented a surgical robotics technology company in obtaining a $100 million senior secured working capital credit facility.
• Represented a biotargeting oncology company in connection with a $60 million multitranche senior secured credit facility.
• Represented a producer of internet-connected industrial sensors in obtaining a $50 million senior secured revolving credit facility.
• Represented an investment management firm in obtaining a $1.245 billion secured credit facility to fund the acquisition of 1.55 million acres of timberland throughout the United States.
• Represented a private equity fund in the development of more than 10,000 MW of wind and solar power facilities in the United States through royalty-generating joint venture arrangements.
• Represented a pharmaceutical company in connection with a $600 million drug co-development arrangement secured by substantially all the assets of the venture partner.
• Represented Alpine Investors and its portfolio company Evergreen Services Group in financing a number of acquisitions of portfolio companies.
• Represented Gryphon Investors in financing its acquisition of RegEd, Inc., the leading provider of compliance and regulatory management services for insurance companies, broker-dealers, banks, and other financial services companies.
• Represented Spark Networks in financing its acquisition of a portfolio of online dating companies in North America and Europe.
• Represented Real Industry, Inc. and affiliates as debtor’s counsel in their chapter 11 bankruptcy cases in connection with a $255 million senior secured debtor-in-possession revolving credit facility and an $85 million secured debtor-in-possession note purchase agreement.
• Represented Maxus Energy Corporation and affiliates as debtor’s counsel in their chapter 11 bankruptcy cases in connection with a $63 million senior secured debtor-in-possession credit facility.
• Represented Sungevity, Inc. and affiliates as debtors in their chapter 11 bankruptcy cases in connection with a $20 million secured debtor-in-possession credit facility. Sungevity and its affiliated debtors are engaged primarily in the business of providing design, installation, financing and maintenance services for residential solar energy systems.
• Represented Nikon Corporation, Intel Corporation and numerous other technology companies in the chapter 11 bankruptcy case of Eastman Kodak Company to protect their intellectual property rights in the sale of Kodak’s patent portfolio.
• Represented AmericanWest Bancorporation in its chapter 11 case in the first use of a bankruptcy sale process designed to save an undercapitalized bank from liquidation by the FDIC. Turnaround Management Association recognized this as a Transaction of the Year, and the Financial Times featured the transaction in its report on the Most Innovative U.S. Law Firms.
• Represented the chapter 11 trustee for MF Global Holdings Ltd. in its bankruptcy in the largest chapter 11 case of 2011, assisting the company to help settle more than $3 billion of claims against affiliates, and eliminating a $1.6 billion shortfall in customer accounts.
• Represented CoinLab, Inc., the largest creditor in the U.S. and Japanese bankruptcy cases of MtGox Co., Ltd., the then-largest Bitcoin exchange in the world.
• Represented affiliates of Trilogy, Inc. in connection with a debtor-in-possession loan and global IP licensing dispute in the dueling bankruptcy estates of software company Think3, Inc. in U.S. and Italy.
• Represented technology company Electroglas, Inc. as debtor’s counsel in the successful sale of business and liquidation of foreign operations in France, Germany, Taiwan, China, Singapore and other jurisdictions in cross-border insolvency proceedings.
• Successfully defended the former CEO of Atari Inc. from $20 million fraudulent transfer claim by aggressive Chapter 7 trustee, resulting in complete victory in the Ninth Circuit Court of Appeals.
• Represented Official Committee of Unsecured Creditors of homebuilder Dunmore Homes, Inc.