Kim Marie Wynn

Practical judgment tailored to the business goals of each transaction

Kim Wynn structures, negotiates and closes commercial finance transactions. She has extensive experience with asset-based loans and other secured loans as counsel for agents, lenders and borrowers.

Kim's work includes transactions throughout the United States involving real estate and personal property collateral as well as transactions with foreign loan parties and collateral. She also handles workouts and restructurings, and successfully structures and negotiates complex intercreditor, participation and subordination agreements, including agreements among lenders in unitranche transactions. Kim represents banks and borrowers in tax exempt bond financings and complex multifacility transactions, and also advises on ESOP loans, real estate and construction loans, acquisition financing and debtor-in-possession financing.

Kim proceeds with the client's goals in mind, achieving a balance between the legal issues that must be addressed and the real-world factors that drive the transaction.

• Assists with structuring unique and complex transactions, including analyzing credit risk and potential bankruptcy outcomes, and achieving solutions for transactions among parties having divergent interests.
• Manages large and multifaceted transactions to coordinate documentation and due diligence and efficiently consummate transactions.
• Assists with intercreditor arrangements, including initial documentation and restructuring of intercreditor and unitranche agreements.

• Represented agent bank in $200 million-plus acquisition and working capital financing secured by assets of more than 40 affiliated entities and by real estate in six states.
• Represented first-out lender through the life of a unitranche transaction, including initial documentation, bankruptcy and DIP financing, and restructured exit financing.
• Represented ABL lender in initial financing, subsequent acquisition by the borrower and later buy-out of borrower shareholders.
• Represented borrowers and lenders in ESOP transactions ranging up to $300 million-plus.
• Represented borrowers and lenders in floorplan facilities and related real estate loans.
• Represented lender in $40 million-plus loan to affiliated entities secured by seven properties in five states.
• Represented lender in workouts of multiple transactions involving loans secured by skilled nursing facilities.