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Agricultural and Agri-Business Financing

Chair

Pueppke, Jacqueline 

Vice-Chair

Gray, Kevin 

Mission Statement

The Agricultural and Agri-Business Financing Subcommittee provides a forum for the discussion of emerging transactional and bankruptcy issues of importance for attorneys working with the agricultural industry.

Aircraft Financing

Chair

Evans, Richard

Vice-Chair

McElhinney, Maria

Mission Statement

The Aircraft Financing Subcommittee provides a forum for lawyers and other participants in aircraft financing to discuss issues and recent developments in the U.S. and international aviation financing industry. The Subcommittee focuses on current legal issues and practices as well as on emerging trends in aircraft financing techniques and structures.

Alternative Dispute Resolution

Chair

Zaino, Jeffrey

Vice-Chair

Draa, H. Vincent

Mission Statement

The Alternative Dispute Resolution subcommittee provides information, education and support for the advancement of the use of arbitration and mediation in commercial finance disputes.  The subcommittee works in cooperation with other ABA committees and subcommittees in advancing its agenda and cooperates with banking institutions and other commercial lenders and trade associations such as the Loan Syndication Trade Association, American Arbitration Association, Commercial Finance Association, American Bankers Association, Equipment Leasing Association and other organizations engaged in commercial finance.

Asset Based Lending

Chair

R. Marshall Grodner

Vice Chair

Linda Filardi

Creditors' Rights

Chair

Doolittle, Jonathan

Vice-Chair

Shaver, Andrew

Mission Statement

The Creditors' Rights Subcommittee provides a forum for discussion and presentation of cutting-edge legal issues of importance to creditors. We select and present issues that are relevant to transactional, workout and bankruptcy lawyers. We have an informal liaison with, and meet jointly with, the Bankruptcy Litigation Subcommittee of the Committee on Business and Corporate Litigation, and thus we also cover topics of interest to all constituencies in a Chapter 11 reorganization or liquidation.

ESG and Lending

Chair

Virmani, Tess

Vice Chair

Monte, Laura
Follas, Emily

Mission Statement

The ESG and Lending Subcommittee provides a forum for discussing ESG-related developments in the corporate loan market. Current topics include use of proceeds instruments, such as green loans and social loans, and other sustainable lending structures like sustainability-linked loans. In addition, the subcommittee recognizes the important of ESG-related reporting by private companies and shares ideas about encouraging such reporting.

Filing Office Operations and Search Logic

Chairs

Pierce, Darrell
Hodnefield, Paul

Financial Services Technology

Chair

Adlerstein, David

Vice-Chair

Weiner, Jed

Mission Statement

The Financial Services Technology (“FinTech”) Subcommittee provides a forum for commercial finance, private equity and venture capital attorneys to exchange views on emerging financial technologies and their implications for corporate and financial transactions.

Fund Finance

Chair

Carson, Elizabeth

Vice-Chair

Go, Flora

Mission Statement

The Fund Finance Subcommittee (i) provides a forum for discussion of current legal developments of fund finance transactions, including subscription lending, Net Asset Value Lending, Collateralized Fund Obligations, fund of fund transactions, and other structured transactions for funds, (ii) coordinates with other ABA subcommittees and taskforces dealing with related areas of the law and shaping legislation, such as secured lending, international transactions, work outs, syndicated lending, legal opinions and the UCC. Subcommittee members come from diverse backgrounds, and include in-house and outside counsel for financial institutions, registered and nonregistered funds,  limited partners and general partners.  This Subcommittee  facilitates discussion of current law, legislative developments, market practices and documentation relating to fund transactions. These discussions often involve the interplay of U.S. and foreign law in international commercial and fund finance, including offshore transactions. The subcommittee seeks to provide practical knowledge and guidance to finance lawyers from a variety of jurisdictions and affords its members opportunities to work together with lawyers from diverse legal systems.

Intellectual Property Financing

Chair

Guida, Patrick (Buzz)

Vice-Chair

Hatzikiriakos, Kiriakoula

Mission Statement

The Intellectual Property Financing Subcommittee (i) provides a forum for discussion of current legal developments and other aspects of financial transactions secured by intellectual property and "cyber" assets, and (ii) coordinates with other ABA subcommittees and taskforces dealing with related areas of the law and shaping legislation. Subcommittee members come from diverse backgrounds, and include in-house and outside counsel for developers, licensors, licensees and financers of intellectual property.

International Finance

Chairs

Springer, Tracy
Nagar, Roshelle

Vice-Chair

Von Schilfgaarde, Elizabeth

Mission Statement

The International Finance Subcommittee facilitates discussion of current law, legislative developments, market practices and documentation relating to international finance transactions. These discussions often involve the interplay of U.S. and foreign law in international commercial finance. The subcommittee seeks to provide practical knowledge and guidance to finance lawyers from a variety of jurisdictions and affords its members opportunities to work together with lawyers from diverse legal systems.

Legal Opinions in Commercial Finance

Chair

Desmarais, Kimberly

Mission Statement

The Legal Opinions in Commercial Finance Subcommittee provides cutting-edge, practical knowledge to opinion givers and recipients regarding legal (primarily closing) opinions issued in commercial finance transactions, secured or unsecured, including both personal property and real estate secured transactions, as well as a forum for the discussion of current developments and market practice relating to such legal opinions.

Lender Liability

Chair

Raulston, Jonathan

Vice-Chair

Dalila J. Berry

Mission Statement

The Lender Liability Subcommittee provides a forum for discussion of commercial litigation in which financial institutions are defendants. As part of the Commercial Finance Committee, the Subcommittee emphasizes the needs of transactional, workout and bankruptcy lawyers, and also coordinates with the litigator-oriented Financial Institution Litigation Subcommittee of the Section's Business and Corporate Litigation Committee.

Loan Documentation

Chair

Rissmiller, Jessica

Vice-Chair

Richard, Kristi

Mission Statement

The Loan Documentation Subcommittee provides a forum for discussion of legal issues related to structuring, drafting and negotiating loan documentation, including credit and loan agreements, commitment and fee letters, guarantees and security documents and other related ancillary documentation that may be required as a condition precedent to loan closing. Documentation is considered in a variety of financing arrangements, including bilateral, club and syndicated loans, unitranche loans, asset-based loans, cashflow loans, acquisition financings, debtor-in-possession loans and senior and subordinated loans. The Subcommittee welcomes discussion on the many documents entered into in these contexts.

Loan Workouts

Chair

Jewett-Brewster, Monique

Vice-Chair

Gurdian, Julio

Mission Statement

The Loan Workouts Subcommittee considers current legal issues and trends of importance to lenders in loan restructuring, workout, enforcement and insolvency proceedings. The Subcommittee focuses on issues relevant to lawyers representing financial institutions in single and multiple lender loan transactions in workout, restructuring, and remedy enforcement contexts, including intra-lender issues in syndicated loan facilities and intercreditor issues in multi-tranche borrowing structures.

Maritime Financing

Chair

Matison, Katie

Vice-Chair

Williams, David

Mission Statement

The Maritime Financing Subcommittee monitors and reports on legal developments affecting lawyers involved in the financing of vessels and maritime operations. The Subcommittee addresses developments in both foreign and domestic flag vessel documentation and mortgage financing, as well as state titling and numbering laws. Members are currently involved with the National Conference on Uniform State Laws Drafting Committee on a Uniform Certificate of Title Act for Vessels. Members are also working on prospective amendments to federal legislation and regulations affecting documentation and mortgage financing and implementation of the Vessel Identification System. The Subcommittee maintains close ties with the U.S. Coast Guard National Vessel Documentation Center, the Office of Boating Safety, the Maritime Administration, the Maritime Law Association, and various industry groups.

Programs, Meetings and Communications

Chairs

Reece, Cathy
Rissmiller, Jessica

Real Estate Financing

Chair

Schwegler, Michael

Vice-Chair

Roehm, Victor

Mission Statement

The Real Estate Financing Subcommittee provides a forum for discussion of the financing of real estate, both as primary collateral in conventional mortgage loan facilities and as a portion of the collateral in commercial finance loan facilities. Many members of the Subcommittee represent creditors in traditional commercial finance matters as well as in real estate loans.

Secured Lending

Chair

Carson, Maia

Vice Chair

Sotomayor, Marisa A

Mission Statement

The Secured Lending Subcommittee provides a forum for discussion of legal issues related to security interests in personal property in a variety of financing arrangements, from traditional asset-based loans and factoring arrangements to securitizations and more exotic forms of receivables sales and financings, whether under UCC Article 9, common law, international conventions, or otherwise. The Subcommittee welcomes discussion relating to collateral of all types.

Security Interests In LLC

Chairs

Chiu, Victor
Fox, Gregory
Sheridan, Daniel

Syndications and Lender Relations

Chair

Barclay, Maria

Vice-Chairs

Fundo, Christian
Sledge-Sarnor, Hilary

Mission Statement

The Syndications and Lender Relations Subcommittee facilitates discussion of legal developments and market practices in the syndicated loan market amongst lawyers who represent all the major stakeholders in syndicated loan transactions (including administrative agents, lenders, participants, and borrowers).

Task Force on Checklist for Security Interests in Intellectual Property

Chair

Guida, Patrick

Vice-Chair

Hatzikiriakos, Kiriakoula

Mission Statement

The mission of the task force is to develop a comprehensive intellectual property (IP) due diligence checklist to assist lenders in gathering information on a debtor's IP collateral in the context of a financing transaction. The checklist will deal with the most common forms of IP: patents, trademarks, copyrights and trade secrets. The purpose is to explain the risks relating to each checklist item and help lenders address them through the financing or security agreements. To this effect, the Task Force will provide a reference to the appropriate covenant, representation or warranty of the Model Intellectual Property Security Agreement.

Task Force on Securities Holding Infrastructure

Chairs

Mooney, Jr., Charles
Rocks, Sandra

Mission Statement

The Task Force on Securities Holdings Infrastructure will (i) examine the infrastructure for the intermediated holding of securities in the United States, (ii) identify. analyze, and assess the significance of any problems associated with the infrastructure, and (iii) identify and assess plausible means of addressing any problems.

Task Force - Commercial Finance Terms

Chairs

Martinson, Pamela
Chiu, Victor

Task Force - Deposit Account Control Agreements

Chairs

Grodner, R Marshall
Heileson, Marvin
Ireland, Oliver
Pickering, John
Smith, Edwin

Reporters

Polt, Leslie
Sonnenberg, Heather

Task Force - Model IP Security Agreement

Chairs

Allen, Katherine
Kavanaugh, Matthew

Vice-Chairs

Fournier, David
Murdock, John

Task Force - Model IP Security Agreement Checklist

Chair

Guida, Patrick (Buzz)