Davies

Marc A. Berger

Marc Berger is a partner in the Corporate/Commercial, Mergers & Acquisitions and Commercial Real Estate practices. His practice covers a wide range of business transactions, including those involving acquisitions, structuring and dispositions of hotels, REITs, private real estate funds and other private businesses.

Marc's practice includes commercial lending, acting for both borrowers and lenders for mortgage and mezzanine real property loans and for asset-based loans in facilities of all sizes. He also advises clients on structured finance transactions and other general commercial matters, including serving as outside "in-house" counsel to clients for their key business contracts. Since 2001, Marc has acted as one of the principal lawyers for the U.S. real estate acquisitions, joint venture structuring and related lending for the Public Sector Pension Investment Board. Marc has acted for both employers and executives in negotiating executive compensation arrangements.

Representative Work

  • 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.

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

  • 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.

  • 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.

  • 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.

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

  • 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.

  • 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.

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

  • 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.

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Recognition

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  • Awarded a fellowship by Brooklyn Law School’s Center for the Study of International Business Law in 1992.

Professional Affiliations

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American Bar Association

Board Memberships

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Community Involvement

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Teaching Engagements

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Speaking Engagements

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Marc has spoken to the Young Lawyers Division of the Canadian Bar Association and has been a presenter on secured lending practices in the United States.

Articles and Publications

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Marc is the co-author, with Bonnie Roe, of a model New York limited liability company agreement in Limited Liability Companies, Walter Schwidetsky, editor (forthcoming).

Marc Berger
Marc Berger
Partner
Office:
New York
Tel:
212.588.5515
Email:
mberger@dwpv.com
Bar Admissions:

New York, 1995

New Jersey, 1995

Education:

Brooklyn Law School, J.D. (magna cum laude), 1994

University of Pennsylvania, B.Sc. (Economics), 1985