Eric Marcus is a Partner in the Finance Department of Kaye Scholer’s New York office and is the Co-Chair of the Structured Finance group. Mr. Marcus represents U.S. and international banks, finance companies and other financial institutions in both structured finance transactions and a wide variety of commercial lending transactions, including trade finance and vendor finance programs. In the structured finance area, Mr. Marcus has set up multi-seller and single-seller asset-backed commercial paper programs, and has experience with many different types of receivables purchase transactions, including trade receivables, auto and equipment loans and leases, dealer floorplan sale contracts, credit card receivables, franchise loans, commercial loans, and healthcare receivables. He also regularly represents liquidity and credit enhancement providers in securitization transactions. In the commercial finance area, Mr. Marcus handles asset-based loans, acquisition and leveraged buyout loans, letter of credit facilities, and participation arrangements, and is active in structuring, documenting and negotiating new financing arrangements, as well as negotiating the out-of-court restructuring of problem loans. On the borrowing side, Mr. Marcus frequently represents companies in the negotiation of their financing arrangements with banks and other lenders.
MEHRMr. Marcus is recognized as a national leader for Capital Markets — Securitization in Chambers USA: America’s Leading Lawyers for Business (2010), where it is noted that he is “client-friendly and very business savvy.”
Many of the transactions handled by Mr. Marcus involve international companies and cross-border issues. He is fluent in German.
Mr. Marcus is the author of “The Moral Right of the Artist in Germany” (ASCAP Copyright Law Symposium), “Securing Future Advances: Avoiding Future Shock” (Commercial Lending Review), and other articles on secured lending topics. He served as reporter for the securitization form of control agreement on the ABA’s Joint Task Force on Deposit Account Control Agreements.