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Gary B. Bernstein

Gary B. Bernstein

Partner
Finance Department

New York
T: +1 212 836 8216
F: +1 212 836 8689


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Legal Services

Education

  • New York University
    JD, 1982
  • Lehigh University
    BS, summa cum laude, Accounting, 1979

Bar Admission(s)

  • New York, 1983

Membership(s)

  • American Bar Association

Gary B. Bernstein is a partner in the Finance Department of Kaye Scholer’s New York office.

Mr. Bernstein represents many major US and international banks and other financial institutions in structuring financing transactions and drafting and negotiating documentation for such transactions. These transactions include working capital and letter of credit facilities; financing for acquisitions, such as tender offers and leveraged buyouts; trade and supply chain finance facilities, including cross-border facilities; other receivables financing facilities; work-outs and restructuring of debt facilities; debtor-in-possession financing; equipment leasing; floor-plan financing; and asset-backed commercial paper facilities. Mr. Bernstein also represents borrowers with respect to their debt financing activities.

Representative Matters

A sample of his work includes representation of:

  • Administrative Agent in a $625 million receivables securitization facility for the largest equipment rental company in the world.
  • Administrative Agent and the “Left” Joint Lead Arranger and Joint Book Runner in a $2.5 billion senior secured asset-based lending credit facility extended to the largest equipment rental company in the world, which facility may be increased by up to an additional $1.25 billion (or a greater amount under certain circumstances).
  • New York branch of a major commercial bank in a $150 million buyer-led supply chain finance facility by the bank for a major North American packaged foods company.
  • Administrative Agent and the “Left” Joint Lead Arranger and Joint Book Runner in a $425 million senior secured asset-based lending credit facility extended to one of the largest equipment rental companies in the United States upon its emergence from bankruptcy, which facility may be increased by up to an additional $75 million.
  • International bank in a $200 million cross-border receivables purchase facility extended to a global mining and metals company.
  • International bank in a $100 million receivables purchase facility extended to a leading North American engineering/design firm.
  • Lender in a $160 million bilateral term loan facility secured by commercial real estate loans extended to an investment fund managed by a large global investment management firm.
  • A $12.5 billion asset-backed commercial paper conduit in a restructuring of its program documents in order to avoid being a covered fund under the Volcker Rule by utilizing the Rule 3a-7 exemption under the Investment Company Act of 1940.
  • Lender in a $100 million bilateral term loan facility secured by various types of asset backed securities extended to an investment fund managed by a large global investment management firm.
  • International information technology company in a $617 million secured financing facility and a $200 million secured seller note financing.
  • Administrative Agent and the “Left” Joint Lead Arranger and Joint Book Runner in a $600 million senior secured asset-based lending credit facility extended to a leading United States and Canadian paper distribution company.
  • Administrative Agent in a $125 million senior secured asset-based lending credit facility extended to a leading United States flooring manufacturer.
  • Administrative Agent in a $120 million senior secured asset-based lending credit facility extended to one of the largest providers of dedicated contract carriage and diversified logistics services in the United States.
  • Administrative Agent and the “Left” Joint Lead Arranger and Joint Book Runner in a $350 million debtor-in-possession senior secured asset-based lending credit facility extended to one of the largest equipment rental companies in the United States.
  • Administrative Agent and the sole Arranger and Book Runner in a $170 million senior secured term loan financing extended to a REIT.
  • One of the largest landscape services providers in the United States with respect to its $340 million senior secured revolving credit and term loan facilities.
  • Administrative Agent in a secured financing facility to a restaurant chain.
  • Investment entity financing the acquisition of a paper processing business.