Ken Kohler's practice involves a broad range of corporate and capital markets work, including public offerings and private placements of equity and debt securities, mergers and acquisitions of public and private companies, and disclosure and reporting matters under the federal securities laws.
Mr. Kohler also has extensive experience representing banks, REITs, mortgage bankers and others in corporate finance, structured finance and securitization transactions. He is experienced in cross-border capital markets transactions in the Asia Pacific region. Mr. Kohler is a contributor to Covered Bonds Handbook, published by Practising Law Institute (2010). Mr. Kohler is also active in the firm's Cleantech practice.
Mr. Kohler has represented Alexandria Real Estate Equities, Inc. in private offerings of $685 million of convertible notes to investors pursuant to Rule 144A and in numerous public offerings of common stock and preferred stock resulting in proceeds totaling well over $1 billion.
Structured Finance and Derivatives
Mr. Kohler advised Zions Bancorporation in the structuring and public offering in an internet auction of employee stock option appreciation rights securities, or ESOARS, an innovative derivative security designed to assist public companies in measuring stock option expense.
Mr. Kohler represented IndyMac Bank, F.S.B., in structuring innovtive on-balance sheet securitizations of over $1 billion of home equity lines of credit and an on-balance sheet $4 billion asset-backed commercial paper conduit.
M+A and Restructuring
Mr. Kohler advised Aames Financial Corporation, initially an NYSE-listed mortgage banking company with substantial private equity ownership, in a reorganization and conversion to a new publicly-held NYSE-listed REIT known as Aames Investment Corporation. The transaction included a merger, the buyout of the private equity interests, an initial public offering of the new REIT's common stock, and a concurrent private placement of common stock to the underwriters. The transaction was valued at approximately $500 million.
Asia-Pacific Capital Markets
Mr. Kohler represented Interstar Wholesale Finance, a leading Australian mortgage lender, in the securitization and global offering of mortgage-backed notes in several transactions pursuant to Rule 144A and Regulation S, resulting in proceeds of U.S. $1.65 billion.