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Devon A. Kinnard

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Devon A. Kinnard is a Partner at the firm focusing on finance and commercial transactions, including bilateral and syndicated asset-based and commercial real estate loan facilities; state and federal tax credit financing; bond and public finance transactions; private securities offerings and debt and equity capitalizations; joint ventures; mergers and acquisitions and other corporate transactions arising out of the day-to-day operations of closely- and publicly-held companies. Mr. Kinnard represents a variety of financial institutions, including regional and national banks and credit unions, in connection with conducting internal investigations, corporate governance and transactional-based matters.

Devon assists both commercial lenders and borrowers in structuring, negotiating and documenting a wide variety of both small- and large-scale credit facilities and loans, including those involving complex, multi-tranche credit facilities; commercial real estate and construction loans; asset-based loan facilities; bond and other public financing; U.S. Small Business Administration (SBA) and quasi-governmental agency guarantees and loans; accounts receivable financings and specialized healthcare receivable financings; and inventory and equipment-based facilities. He also represents lenders and borrowers in foreign and domestic letter of credit matters, and in sophisticated cross-border financings and intercreditor arrangements.

Devon also represents private equity funds in connection with formation, structuring, offering, subscription and investment syndication matters, and is often engaged to prepare private placement memorandums (PPMs) and other offering documents concerning securities exempt from registration under various federal and state (“blue sky”) securities laws.

Devon has represented lending clients in complex workouts, forbearance arrangements and financial restructurings, and in other matters involving bringing troubled credit relationships back to performing status. Devon’s experience and practice focus also involves the specialized area of franchise law, and he represents various institutional lenders and franchisees in connection with franchise disclosure documents (FDDs) and licensing, royalties and other franchise-related matters.



Member:

  • Massachusetts Bar Association
  • Boston Bar Association
  • Worcester County Bar Association.


Education

• J.D. (cum laude), Duquesne University (Duquesne Business Law Journal).

• M.B.A. Finance (summa cum laude), Duquesne University Graduate School of Business.

• B.S. (cum laude), Clark University

Admissions

• Massachusetts; U.S. District Court for the District of Massachusetts.

Professional/Community

• Massachusetts Bar Association

• Boston Bar Association

• Worcester County Bar Association

Representational Matters

• Represented lead bank and arranger in a $24MM state and federal historic tax credit equity financing transaction. Financing was syndicated amongst six regional banks and involved a multi-state group of various state and federal historic tax credit purchasers through a complex tax credit equity purchase and sale arrangement.

• Represented a large, New England lender in connection with its extension of a $18.45MM syndicated, swapped credit facility for the financing of a 40+ acre mixed use complex comprising commercial office space, residential apartments, condominiums and luxury homes, open air retail shops and green space.

• Served as purchaser’s counsel in connection with the direct purchase of $6.2MM in tax-exempt bonds issued by the Massachusetts Development Finance Authority for a large skilled nursing, assisted living and home health services provider and its various affiliates.

• Served as local counsel to a large, national developer in connection with its acquisition and $500MM mortgage financing of various properties situated in opportunity zones throughout Massachusetts.

• Represented a regional lender in its extension of various line of credit, term and commercial mortgage loan facilities (aggregating $10MM) to a U.S. based plastics manufacturer and its foreign subsidiaries.

• Represented regional lender in connection with its participation and purchase of interests in $11.6MM of multiple loan facilities extended to a large, Boston-area network of Dunkin’® stores.

• Represented regional lender in its extension of $8.21MM in commercial mortgage loan facilities to a public housing authority.

• Represented multi-national manufacturing and distribution companies, having various manufacturing facilities and assets in the United States, Italy, and Hong Kong, in extensions of various revolving and term loan facilities (aggregating $9MM).

• Represented a regional lender in connection with an extension of a $20MM construction line of credit facility for the partial financing of constructing a 168-unit apartment complex.

• Served as lead counsel to a regional lender in connection with an $24.5MM refinance of a well-known mixed-use retail complex in Massachusetts.

• Represented a start-up green building consultancy and real estate developer in connection with its acquisition of a business sub-unit from a global mechanical systems corporation having revenues in excess of $1B.

Awards/Honors

• U.S. News - Best Lawyers® in Banking & Finance; Business Organizations; and Commercial Transactions / UCC Law.

• Massachusetts Super Lawyers® Rising Stars

• Peer Review AV® Preeminent™ rated by Martindale-Hubbell, the highest bestowed rating