Vincent J. Novak

Of Counsel | San Francisco

vnovak@mofo.com | (415) 268-7340

vnovak@mofo.com
(415) 268-7340

I work with clients as a strategic advisor in their most intricate financing matters to deliver creative, business-minded solutions.

Vincent Novak devotes his practice to advising clients in complex financing transactions across a variety of industries. He represents public and private companies, private equity sponsors, financial institutions, renewable energy investors, and emerging and multinational companies in connection with domestic and cross-border financial transactions.

He assists clients in both secured and unsecured loans and revolving facilities, bilateral and syndicated lending, acquisition finance, asset and cash-flow based lending, letter of credit financing, equipment leasing and debtor-in-possession financing in bankruptcy proceedings. Vincent also has deep experience advising on complex royalty financing in connection with investment in and development of renewable energy projects. Vincent is able to guide clients through the intricate issues present in a wide range of industries, having negotiated deals in sectors such as high tech, financial services, life sciences, pharmaceuticals, and renewable energy (including wind and solar). He has also represented innovative companies in matters involving cutting-edge intellectual property.

Vincent brings to bear extensive experience in bankruptcy and insolvency transactions and proceedings, representing creditors such as lenders and counterparties to contracts exposed to bankruptcy risk. He has represented creditors’ committees in safeguarding the interests of unsecured creditors, represented debtors in Chapter 11 reorganization, and has assisted clients in the purchase of assets of companies in distressed circumstances or in bankruptcy. His experience also includes addressing cross-border insolvency issues and structuring transactions to minimize the impact of bankruptcy.

Vincent is admitted to practice in the State of California and before the United States District Courts for the Northern, Central, Eastern, and Southern Districts of California, as well as before the Ninth Circuit Court of Appeals.  He is a member of the American Bankruptcy Institute, the Turnaround Management Association, the Bar Association of San Francisco and the American Bar Association.

Representative Experience

  • Represented a surgical robotics technology company in obtaining a $100 million senior secured working capital credit facility.
  • Represented a biotargeting oncology company in connection with a $60 million multitranche senior secured credit facility.
  • Represented a producer of internet-connected industrial sensors in obtaining a $50 million senior secured revolving credit facility.
  • Represented an investment management firm in obtaining a $1.245 billion secured credit facility to fund the acquisition of 1.55 million acres of timberland throughout the United States.
  • Represented a private equity fund in the development of more than 10,000 MW of wind and solar power facilities in the United States through royalty-generating joint venture arrangements.
  • Represented a pharmaceutical company in connection with a $600 million drug co-development arrangement secured by substantially all the assets of the venture partner.
  • Represented Alpine Investors and its portfolio company Evergreen Services Group in financing a number of acquisitions of portfolio companies.
  • Represented Gryphon Investors in financing its acquisition of RegEd, Inc., the leading provider of compliance and regulatory management services for insurance companies, broker-dealers, banks, and other financial services companies.
  • Represented Spark Networks in financing its acquisition of a portfolio of online dating companies in North America and Europe.
  • Represented Real Industry, Inc. and affiliates as debtor’s counsel in their chapter 11 bankruptcy cases in connection with a $255 million senior secured debtor-in-possession revolving credit facility and an $85 million secured debtor-in-possession note purchase agreement.
  • Represented Maxus Energy Corporation and affiliates as debtor’s counsel in their chapter 11 bankruptcy cases in connection with a $63 million senior secured debtor-in-possession credit facility.
  • Represented Sungevity, Inc. and affiliates as debtors in their chapter 11 bankruptcy cases in connection with a $20 million secured debtor-in-possession credit facility. Sungevity and its affiliated debtors are engaged primarily in the business of providing design, installation, financing and maintenance services for residential solar energy systems.
  • Represented Nikon Corporation, Intel Corporation and numerous other technology companies in the chapter 11 bankruptcy case of Eastman Kodak Company to protect their intellectual property rights in the sale of Kodak’s patent portfolio.
  • Represented AmericanWest Bancorporation in its chapter 11 case in the first use of a bankruptcy sale process designed to save an undercapitalized bank from liquidation by the FDIC. Turnaround Management Association recognized this as a Transaction of the Year, and the Financial Times featured the transaction in its report on the Most Innovative U.S. Law Firms.
  • Represented the chapter 11 trustee for MF Global Holdings Ltd. in its bankruptcy in the largest chapter 11 case of 2011, assisting the company to help settle more than $3 billion of claims against affiliates, and eliminating a $1.6 billion shortfall in customer accounts.
  • Represented CoinLab, Inc., the largest creditor in the U.S. and Japanese bankruptcy cases of MtGox Co., Ltd., the then-largest Bitcoin exchange in the world.
  • Represented affiliates of Trilogy, Inc. in connection with a debtor-in-possession loan and global IP licensing dispute in the dueling bankruptcy estates of software company Think3, Inc. in U.S. and Italy.
  • Represented technology company Electroglas, Inc. as debtor’s counsel in the successful sale of business and liquidation of foreign operations in France, Germany, Taiwan, China, Singapore and other jurisdictions in cross-border insolvency proceedings.
  • Successfully defended the former CEO of Atari Inc. from $20 million fraudulent transfer claim by aggressive Chapter 7 trustee, resulting in complete victory in the Ninth Circuit Court of Appeals.
  • Represented Official Committee of Unsecured Creditors of homebuilder Dunmore Homes, Inc.
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