Oveson, Mark M.

Mark Oveson represents a range of clients, including traditional banks, asset-based lenders, mezzanine lenders, special servicers and borrowers in a wide range of sophisticated personal property, real estate, and structured finance transactions. His finance transactions display an array of experience.

Mark has completed corporate loan transactions in the energy, medical, manufacturing, distribution, retail, and service industries, including loans related to liquid natural gas production facilities, aerospace component manufacturing, heavy equipment, fixed-base airport operations, manufactured homes, and telecommunications, as well as senior and mezzanine real estate transactions secured by apartment complexes, shopping centers, hotels and office buildings.

Regarding bankruptcy and workout transactions, Mark represents lenders in DIP financings, workout negotiations, distressed-debt sales, Section 363 asset sales and forced liquidations. Mark also represents special servicers in CMBS workout transactions, including foreclosures, collections on guaranties, and receiverships.

Representative Matters
  • Counsel to KeyBank in an upsize term loan and revolving credit facility for PLM Asphalt & Concrete, LLC, an asphalt and concrete contractor.

  • Counsel to Lapis Advisers, LP in its secured loan to Astria Health.

  • Represented Freeport LNG and served as lead counsel in a $2.4 billion holding company financing from a total of 14 participant banks. The loan was supported by dividends from Trains 1, 2 and 3 of the Freeport LNG project and the proceeds of which were used to pay down the existing bank debt for Train 3. Freeport is a pioneer of natural gas liquefaction and liquefied natural gas exporting.

  • Represented Full House Resorts, Inc. in the issuance of $100 million in senior secured notes, proceeds of which were used to pay in full existing first-lien and second-lien credit facilities.

  • Represented KeyBank in an upsize term loan and revolving credit facility for RailPros, Inc. and its subsidiaries, a leading provider of transportation consulting services, specializing in rail engineering, design and management, in connection with an add-on acquisition.

  • Represented Old Belden Hill, Inc. in the purchase of all of the capital stock in Lone Buffalo, Inc., a provider of custom news monitoring services.

  • Represented Prairie Dog Pet Products, LLC in the closing of its credit facility with Presidential Financial Corporation.

  • Represented Guaranty Bank and Trust in a term loan and revolving credit facility for IRI Consultants and OD Management Strategies, each a leading human resources business consulting company and portfolio company of Bow River Capital.

  • Represented KeyBank National Association in term loan and revolving credit facility for the acquisition by RailPros Holdings, LLC of RailPros, Inc., RailPros Field Services Inc., and Railpros Inspection Services, LLC.

  • Represented KeyBank in providing financing to an existing portfolio company for an add-on acquisition.

  • Nevada counsel to the Las Vegas Stadium Authority in the development of a $1.9B, 65,000-seat domed stadium to serve as the future home of the Las Vegas Raiders.

  • Represented The Bay Club Company in securing term and revolving credit facilities. Proceeds were used to repay existing credit facilities and will be used for future acquisitions, capital expenditures and working capital.

  • Represented Grand Targhee Resort, LLC in obtaining equipment financing from Landmark Financial for the construction of a new chairlift.

  • Represented Grand Targhee Resort, LLC in obtaining a credit facility from United Bankers’ Bank.

  • Represented The Bay Club Company, a California-based active lifestyle corporation, in acquiring The Golf Club at Boulder Ridge in San Jose, CA.

  • Represented The Bay Club Company, a California-based active lifestyle corporation, in acquiring Fairbanks Ranch Country Club in San Diego, CA.

  • Represented Full House Resorts, Inc. in connection with the amendment and restatement of its First Lien Credit Facility and a $30,000,000 upsize, amendment and restatement of its Second Lien Credit Facility in connection with the acquisition by Full House of all of the assets associated with Bronco Billy’s Casino.

  • Represented Thundershirt, LLC in a term loan and revolving credit facility from Comerica Bank. Thundershirt is a leading provider of calming products for household pets and a portfolio company of Encore Consumer Capital

  • Represented KeyBank National association in a term loan and revolving credit facility for the acquisition by Building Industry Partners, as Sponsor, of an interest in Split-Rail Fence Company, LLC, a company engaged in the business of distributing and installing permanent fencing products.

  • Represented KeyBank National Association in a term loan and revolving credit facility for the acquisition of Capco, LLC, a manufacturer of machine gun mounting systems, small arms and ordinance components, electronic assemblies and electro-explosive devices.

  • Represented KeyBank National Association in a term loan and revolving credit facility for the leveraged refinancing of existing debt of the borrowers.

  • Represented KeyBank, as administrative agent for a syndicated bank group, in the extension of additional credit and new term loans under an existing facility for the amount of $775,000,000 with Air Methods Corporation, an industry leader in air medical transportation.

  • Represented Bay Club Company in its acquisition of Spectrum Clubs, Inc. and its subsidiaries. Spectrum Clubs, Inc. owned 11 sports resort facilities in the Los Angeles metro area.

  • Represented Grand Targhee Resort, LLC in restructuring of indebtedness with PSB Credit Services, Inc.

  • Brownstein represented Zions Suites LP in its sale of the 241-room all-suite DoubleTree Suites Hotel in downtown Salt Lake City.

  • Represented PAS Technologies, Inc., a portfolio company of KRG Capital Partners, LLC, in the sale of its Irish industrial gas turbine subsidiary to Knox Capital Holdings, LLC, a private equity investment firm.

  • Counsel to Kroenke Sports & Entertainment in its acquisition of and acquisition financing for the Sportsman Channel and related properties from InterMedia Partners.

  • Counsel to Azura Harbor Holdings and Azura, as borrowers, in a term loan and two separate revolving loans from Guaranty Bank.

  • Represented Hyde Park, Inc. and its subsidiaries as borrowers in connection with a revolving credit facility with Wells Fargo Bank and a term loan facility with GB Credit Partners, LLC.

  • Counsel to Victory Park Capital Advisors in the sale of its portfolio company, Global Employment Holdings, Inc., to TZP Group.

  • Represented NRC Group LLC, a San Antonio, Texas based natural resources investment firm, and McCombs Family Partners Ltd., the investment management division of the family office of Billy Joe "Red" McCombs, in a recapitalization of Dave's Flow Measurement, a natural gas flow measurement and meter tube fabrication company.

  • Brownstein was lead counsel for KeyBank National Association, as administrative agent for a bank syndicate group, in amending and restating the credit agreement of Denver-based Air Methods Corporation, a global leading provider of air medical transportation. The credit agreement provides for a $100 million revolving credit facility and $347.5 million in term loans. Proceeds of the loans were used for the acquisition of Blue Hawaiian Helicopters and its affiliates, a helicopter tour operator based in Hawaii.

  • Represented CoBank, ACB, in connection with a syndicated credit facility to a private equity-backed provider of telephone, cable and alarm systems for small communities in the Houston, TX area.

  • Served as counsel to Treasure Island, LLC in connection with an amendment and restatement of its credit facility secured by the Treasure Island Hotel and Casino.

  • Represented PAS Technologies Inc. in a squeeze-out merger of PAS Tech Holdings, Inc. and recapitalization by KRG Capital Partners, AlpInvest and Pennant Park, with simultaneous restructure of syndicated senior credit facility, conversion of subordinated debt to equity and equity capital infusion.

  • Lead counsel for KeyBank National Association, as administrative agent for a bank syndicate group, in providing $100 million incremental term loan financing to Denver-based Air Methods Corporation, a global leading provider of air ambulance service. Proceeds of the loan were used for a special cash dividend and, separately, for the acquisition of Sundance Helicopters, Inc., a Las Vegas-based helicopter tourism business.

  • Served as lead counsel to Santa Fe-based Sun Mountain Capital in documenting term and revolving credit facilities provided by Los Alamos National Bank, N.A. to CTW Home Health, Inc., for the purpose of a leveraged stock purchase of the company.

  • Lead counsel to Sun Mountain Capital in documenting a term loan facility for recommissioning of a sawmill in Saratoga, Wyoming.

  • Leveraged dividend recapitalization of Cross MediaWorks' existing senior and subordinated indebtedness.

  • Represented Encore Consumer Capital, an innovative private equity firm investing exclusively in leading consumer products companies, in its acquisition of California Splendor.

  • Represented Airborne Tactical Advantage Company, LLC, a flight training provider to the United States military, in connection with a debt and equity recapitalization.

  • Counsel to Pinnacle Entertainment, as borrower in a $410M syndicated revolving credit facility in connection with a Fourth Amended and Restated Credit Agreement, with Merrill Lynch, Pierce, Fenner & Smith and J.P. Morgan Securities as Joint Lead Arrangers, and Barclays Bank PLC, as Administrative Agent.

  • Served as lead counsel to Treasure Island, LLC in connection with the refinancing of its existing credit facility.

  • Represented KSL Capital Partners, LLC as the purchaser in its $130 million acquisition of the Royal Palm Hotel located in Miami Beach, FL, including $90 million of seller financing. Brownstein also negotiated the purchase and sale agreement and seller financing documents, completed due diligence and closed the acquisition in less than 60 days.

  • Represented U.S. Geothermal Inc. in the development and construction of its $137 million, 22-megawatt-net geothermal power plant in Oregon. Part of the project financing included negotiating a loan and a loan guarantee with the U.S. Department of Energy and the Federal Financing Bank for this leading renewable energy geothermal development company.

  • Served as counsel to Renal Ventures Management, LLC on its $30 million private placement of debt and warrants with Goldman Sachs, and related redemption of stockholder equity. Renal Ventures Management is engaged in the business of providing intermittent or continuous renal replacement therapy, dialysis supply services, renal diagnostic testing and other health care services.

  • Handled the negotiation and documentation of a senior credit facility, senior subordinated notes and the sale of equity interests to subordinated noteholders for a private equity investment firm working in the aerospace industry.

  • Represented a private equity investment firm in its initial platform acquisition of a leading provider of innovative repairs and advanced coatings for the aerospace, industrial gas turbine and oil and gas industries from a private equity fund.

News & Events
Community

Board Member, Flatirons Climbing Council

Boys Scouts of America, Varsity Scout Leader, Troop 264, Louisville, Colorado

Active in local church organization

Boulder Outdoor Coalition

Publications & Presentations
Education
  • J.D., 1995, Columbia University Law School
  • B.S., 1992, Brigham Young University
Admissions
  • Colorado
Recognition

Law Week Colorado, Barrister's Best "Best Banking Lawyer," 2017

5280 Top Lawyers, Finance & Lending, 2015

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