Marc A. Berger

Partner

Marc A. Berger

Marc A. Berger

Partner

Bar Admissions
  • New York, 1995
    New Jersey, 1995

Clients turn to Marc for insightful analysis and sophisticated solutions. He considers the big picture but always with attention to client-specific details.

Marc advises on a wide range of domestic and international business transactions, including private corporate purchases and sales, mergers, and real estate and operating company joint ventures. He represents borrowers and lenders of mortgage and mezzanine real property loans as well as asset-based loans in facilities of all sizes. For more than 20 years, clients have trusted Marc for his practical advice on shareholder arrangements and alternative (non-corporate) entity agreements, licensing and other general commercial matters. He regularly serves as outside “in-house” counsel for clients negotiating key business contracts, and he acts for employers and executives negotiating compensation arrangements.

Marc A. Berger

Partner

Clients turn to Marc for insightful analysis and sophisticated solutions. He considers the big picture but always with attention to client-specific details.

Marc advises on a wide range of domestic and international business transactions, including private corporate purchases and sales, mergers, and real estate and operating company joint ventures. He represents borrowers and lenders of mortgage and mezzanine real property loans as well as asset-based loans in facilities of all sizes. For more than 20 years, clients have trusted Marc for his practical advice on shareholder arrangements and alternative (non-corporate) entity agreements, licensing and other general commercial matters. He regularly serves as outside “in-house” counsel for clients negotiating key business contracts, and he acts for employers and executives negotiating compensation arrangements.

The Aldo Group Inc.

Acting for The Aldo Group Inc. in its acquisition of the Camuto Group's footwear and accessory business.

PSP Investments

Acted for PSP Investments in its strategic initiatives with Pattern Energy Group Inc., including (i) the acquisition of a 9.9% interest in Pattern Energy; (ii) the joint venture between PSP and Pattern Energy to co-invest in various renewable projects; (iii) the joint acquisition with Pattern Energy of a 51% and 49% interest, respectively, in the 179 MW Meikle wind project in British Columbia and the 143 MW Mont Sainte-Marguerite wind project in Québec; and (iv) the acquisition of 49% of the Class B interests held by Pattern in the Panhandle 2 wind project in Texas.

PSP Investments

Acted for PSP Investments as a member in a consortium that purchased Vantage Data Centers, a leading provider of data center solutions in support of mission-critical applications, from Silver Lake. Other members of the consortium included Digital Bridge Holdings LLC and TIAA Investments.

A.M.G. Medical Inc.

Acted for AMG Medical Inc., a leading manufacturer and distributor of home healthcare and medical professional products, in connection with the sale of its DME brand portfolio of mobility and bathroom safety products to a subsidiary of Drive DeVilbiss Healthcare.

Enerflex Ltd.

Acted for Enerflex Ltd. in connection with the negotiation and establishment of a $675-million credit facility for the acquisition of gas compression assets.

Northleaf Mid-Market Infrastructure Partners

Acted for Northleaf Mid-Market Infrastructure Partners in connection with a series of subordinated loans made available to the consortium on the Colorado US 36 Express Lanes Project. The subordinated debt proceeds complement a US$60-million TIFIA loan from the U.S. Department of Transportation; a US$20-million tax-exempt private activity bond ("PABs") issue; US$2 million in net construction revenues; and a US$41-million capital contribution from the State of Colorado.

G.I. Sportz Inc.

Acted for G.I. Sportz Inc. in connection with the acquisition of Tippmann Sports, LLC, a leading manufacturer and distributor of markers and goggles for the paintball, airsoft and laser tag industries.

Kimco Realty Corporation

Acted for Kimco North Trust III, an indirect wholly-owned entity of Kimco Realty Corporation, in connection with its offering of $200 million unsecured notes on a private placement basis in Canada.

Le Château Inc.

Acted for Le Château Inc. in connection with the establishment of a $70-million asset-based credit facility arranged by GE Capital.

Hale Capital Partners, LP

Acted for Hale Capital Partners, LP and their wholly owned subsidiary HUSC, LLC in connection with the PIPE Investment by HUSC, LLC in secured convertible notes and warrants issued by United Silver Corp.

Novacap Industries III, L.P.

Acted for Novacap Industries III, L.P., a leading Canadian private equity and venture fund, in connection with its US$87-million acquisition of Idaho Pacific Holdings, Inc. and its Canadian and U.S. subsidiaries.

Celestica Inc.

Acted for Celestica Inc. in connection with a US$450-million amended and restated revolving credit facility agreement with a syndicate of lenders.

The Molson Brothers

Acted as counsel to the Molson brothers, Geoff, Andrew and Justin, in connection with the acquisition of the Montréal Canadiens Hockey Club by the investment group led by the Molson brothers. This transaction is considered to be one of the most significant acquisitions ever completed in professional sports in North America. The transaction also included the purchase of the Montréal Bell Centre and the Gillett Entertainment Group.

Brooklyn Law School, International Business Law—Fellow

Bar Admissions

New York, 1995
New Jersey, 1995

Education

Brooklyn Law School, JD (Magna Cum Laude), 1994
University of Pennsylvania, BSc (Economics), 1985