David Mcmichael Email & Phone Number

Peachtree Corners, Ga, Us

Greater Atlanta Area

Responsible from inception of company for overseeing all legal functions including: negotiating dealer loan documents; negotiating manufacturer program agreements and repurchase agreements; managing workouts, litigation, and bankruptcies; negotiating and managing Northpoint's capital markets facilities; creating form documentation and documentation manual; creating legal policies and procedures; obtaining necessary licenses and registrations; monitoring compliance; negotiating service provider contracts (e.g. software license and service agreements); and managing outside counsel.In 2017, coordinated and negotiated sale of Northpoint and its approximately $869 million in assets to Laurentian Bank of Canada.Coordinated, drafted, and negotiated a $400 million warehouse credit facility.Coordinated and negotiated Northpoint's issuance of a $216 million asset backed securitization.Coordinated and negotiated Northpoint's issuance of a $275 million asset backed securitization.Coordinated and negotiated a $125 million warehouse credit facility for Northpoint's Canadian subsidiary.Managed all the legal requirements necessary for Northpoint to form a Canadian subsidiary and begin operations in Canada (including Quebec).

Greater Atlanta Area

Solo practitioner representing commercial lenders.Representative Clients:Northpoint Commercial Finance LLC: External General Counsel. Responsible from inception of company for overseeing all legal functions including: negotiating dealer loan documents, negotiating manufacturer program agreements and repurchase agreements, creating form documentation and documentation manual, creating legal policies and procedures, obtaining necessary licenses and registrations, compliance, negotiation of service provider contracts (e.g. software license and service agreements), and management of outside counsel.FCC, LLC d/b/a First Capital: Negotiation and drafting of asset based lending transactions and factoring transactions ranging from $5 million to $25 million (origination, amendments, and workouts).

Provided legal advice to asset based lending division. Drafted and negotiated loan documentation and amendments (originations, workouts and loan sales/purchases). Oversaw workouts, repossessions, bankruptcies and litigation, including retention and management of outside counsel ($2M+ annual outside counsel expenditure). Oversaw liquidation of one billion dollar ABL portfolio due to employer’s decision to exit the finance industry. Extensive experience with UCC Article 9.Drafted and negotiated asset based lending facilities in the range of $100M to $1,000M+ for syndicated transactions and in the range of $10M to $120M for direct transactions. Experienced in facilities supported by chattel paper collateral, including real estate chattel paper. Extensive experience with all standard ABL documents including loan agreements, forbearance agreements, amendments to loan agreements, intercreditor agreements, standby letters of credit, and lockbox/deposit control account agreements. Responsible for drafting new form documents and updating existing form documents. Completely reviewed and updated the form Loan and Security Agreement.Drafted and negotiated exclusive floorplan lending agreements with manufacturers. Drafted and negotiated exclusive $300 million facility for Forest River, Inc. dealers, including a participation option for Forest River, Inc. Drafted and negotiated exclusive $300 million facility for Yamaha Motor Canada Ltd. dealers, which included a quasi-joint venture arrangement.Performed due diligence on potential portfolio acquisitions. Provided legal training to business divisions. Performed legal audits on documentation and on business divisions. Also represented equipment and inventory (floorplan) finance divisions. Was interim attorney for Canadian inventory (floorplan) finance division.Certified Six Sigma Greenbelt.

Negotiated and handled workouts, repossessions and bankruptcies of equipment finance loans and leases. Performed due diligence on $1 billion acquisition from Newcourt Credit Group, Inc. Performed due diligence on $200 million acquisition from Agilent Technologies.

Jd

Ba With Honors