Rimon

Ken Weinberg

Partner

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205-942-4044

Education

University of Georgia School of Law

J.D., magna cum laude, Executive Articles Editor, Journal of Intellectual Property Law

Vanderbilt University

B.A., magna cum laude

Previous Experience

  • Baker Donelson, (Shareholder)
  • Marks & Weinberg, P.C. (Co-founder and Shareholder)

Bars & Courts

  • Alabama

Professional Experience

Ken Weinberg has been involved in equipment leasing and finance transactions having an aggregate value well into the billions of dollars, including TRAC, First Amendment, FMV, service contract and other true lease structures; synthetic leases, leases intended as security, equipment finance agreements and traditional loan transactions; progress payment, interim funding and construction financings; sublease and inventory structures; mixed goods and services transactions; vendor lease programs; assignments and syndications; warehouse and funding lines; and refinancings, back-leveraging, lease assignments, sales of interest and portfolio acquisitions.

Ken has additional experience in the niche of energy financing, representing lenders, investors and developers in recourse and non-recourse financing transactions (debt and tax-driven sale-leasebacks) for energy facilities across the country and internationally, including biomass facilities, landfill-gas-to-energy projects, solar facilities, and natural-gas-fired plants.

Representative Matters

  • Prepared primary legal forms and policies for several bank-affiliated equipment leasing and finance companies, including for true lease transactions, non-true leases, and equipment finance arrangements (in each case, both middle-market and small-ticket transactions).
  • Prepared fifty-state surveys for several equipment leasing and finance companies on a variety of relevant topics, including licensing, usury, motor vehicle titling, and landlord lien issues.
  • Prepared comprehensive lien perfection policies for multiple bank-affiliated equipment leasing and finance companies and a large, nationally known captive finance company.
  • Represented lender in connection with a construction-to-term loan facility for a $62.5 million landfill-gas-to-energy facility in California, and the subsequent sale by such lender of a participation interest in the financing.
  • Represented bank subsidiary in connection with a $20 million financing of vehicles subject to a complex operating and fleet management structure used by the borrower and unaffiliated third parties, raising unique collateral issues.
  • Represented the equipment finance subsidiaries of multiple banks in connection with the sale-leaseback transactions of solar generation facilities in Alabama, Georgia, Mississippi and Tennessee.

View More Representative Matters

  • Represented bank subsidiary in connection with several synthetic leases of earthmoving, construction and material handling equipment totaling in excess of $50 million.
  • Represented equipment leasing and finance company in connection with its acquisition of a lease of equipment involving ongoing maintenance, warranty and other obligations of the original lessor/assignor that raised “bundling”, true sale and other issues.
  • Represented lender in connection with non-recourse construction-to-term loan project financing for a $15 million natural-gas-fired power plant in Ontario, Canada designed to power greenhouse's for a cannabis facility.
  • Represented bank subsidiary in connection with its acquisition of a portfolio of over $100 million of equipment leases, installment sales contracts and other equipment financings.
  • Represented a financial services corporation in the structuring, documenting, and closing of a non-recourse project financing covering five biogas energy facilities in California (under the Bioenergy Market Adjusting Tariff), that also involved a tax-exempt overlay with the California Pollution Control Finance Authority.
  • Served as U.S. counsel in connection with multiple financing transactions in Latin America, including a $148 million financing of mining equipment; a $30 million construction to term loan financing involving two cold reserve power plants capable of producing approximately sixty megawatts of electricity; and an $11 million financing of a power plant.
  • Represented lender in connection with a $31 million anaerobic digester project that earned the American Biogas Council's "Merchant Biogas Project of the Year" award and that processes food, oil and grease (FOG) waste produced by Disney World in Orlando, Florida.
  • Represented borrower in connection with a $105 million syndicated facility with approximately two dozen landfill-gas-to-energy projects, plus a later $50 million upsizing that financed the acquisition of approximately one dozen more landfill gas-to-energy projects.
  • Represented captive finance company in connection with its sale of a portfolio of railcars and the associated leases in transactions worth approximately $200 million.
  • Represented the equipment finance divisions of multiple banks in transactions in which the divisions sold their beneficial interests, as owner participants, in leveraged lease transactions involving aircraft and railcars.

Publications

View More Publications


Speaking Engagements

  • "Merger-Up and Other Restructures:  Lessons Learned and Successful Outcomes,"  Equipment Leasing and Finance Association Annual Convention (October 2019)
  • "Legal Update," Equipment Leasing and Finance Association Legal Forum (April 2019)
  • "Advanced UCC," Equipment Leasing and Finance Association's Legal Forum (April 2019)
  • "Advanced UCC," Equipment Leasing and Finance Association's Legal Forum (May 2018)
  • "Advanced UCC," Equipment Leasing and Finance Association's Legal Forum (May 2017)
  • "Advanced UCC Topics," Equipment Leasing and Finance Association's Legal Forum (May 2016)
  • "Structured Finance," Equipment Leasing and Finance Association's Legal Forum (May 2015)
  • "Suretyship: Sure to be Informative! We Guarantee It!," Equipment Leasing and Finance Association's Legal Forum (April 2012)

Professional Honors & Awards

  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
  • Selected by American Lawyer Media and Martindale-Hubbell™ as a "Top Rated Lawyer in Lawyers in Banking & Finance Law"
  • Member, Equipment Leasing and Finance Association
  • Legal Committee, Equipment Leasing and Finance Association, 2018-20
  • Vice-Chair, Energy Subcommittee, Equipment Leasing and Finance Association, 2019-20
  • Member – Editorial Board of LJN's Equipment Leasing
  • Member – Alabama and American Bar Associations
  • Member – UCC Subcommittee on Leasing and UCC Subcommittee on Secured Transactions