No matter what the type of organization, playing an active role in the political decision-making process and policy formation is no longer a luxury—it is an imperative.
A coronavirus pandemic (or even the threat of such a pandemic) could easily make it more difficult for parties to perform their obligations under many types of contracts—especially contracts requiring travel or involving the delivery of goods and services. In the event that one of the parties to a contract can’t perform as a result of an actual or potential coronavirus outbreak, would the doctrine of force majeure allow them to suspend their performance or terminate the contract?
Working with a variety of investment portfolios and private companies, Scott McEachron assists his clients in business operation guidance and with mergers and acquisitions. His experience includes drafting and negotiating asset purchase agreements, real estate purchase agreements, operating agreements, confidentiality agreements and loan sale agreements.
Prior to joining the firm, Scott worked as corporate counsel for a private equity firm in Denver. During law school, he served as a legal intern to the United States Bankruptcy Court and for ByeEnergy, Inc. Scott also founded a non-profit organization to expand outdoor opportunities for youth.
Counsel to Sunflower Bank, N.A. in a secured credit facility for Saratoga Investments, a lumber mill operating in Saratoga, WY.
Represented Mai Mechanical, Corp. in the sale of all its shares of capital stock to J.R. Hobbs Co-Atlanta LLC, a portfolio company of Gladstone Investment Corporation.
Counsel to The Bay Club Company, a premier active lifestyle and hospitality company, in its sale by York Capital Management to KKR, a leading global investment firm.
Represented ART Capital LLC in the acquisition financing of Outdoor Dimensions, LLC, a full-service provider of signage and outdoor marketing solutions based in Southern California.
Represented NRT Technology Corp. in a syndicated term loan and revolving credit facility from four participant banks, with Fifth Third Bank as administrative agent.
Represented NRT Technologies, Inc., a subsidiary of NRT Technology Corp., in its acquisition of gaming ATM assets of U.S. Bank National Association.
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 U.S. Bank as the lead lender in a $100 million syndicated credit facility for Noodles & Company, a fast-casual restaurant chain.
Represented CIBC in revolving credit facility for ERCO, LLC.
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 Caliendo-Savio-Enterprises, Inc. in its sale to HALO Branded Solutions, Inc. a portfolio company of Audax Private Equity.
Represented the stockholders of Sweet Earth Inc., a California-based manufacturer of plant-based protein food products, in the sale of all of the issued and outstanding equity interests and owned real property to Nestlé USA, Inc.
Represented KSL Capital Partners in its acquisition of and acquisition financing for Courtyard Kauai Coconut Beach.
Counsel to The Bay Club Company in its acquisition of the Manhattan Country Club, a swim and tennis club in Manhattan Beach. CA.
Represented Mountain High Tree Service, Inc. in the sale of substantially all of its assets to Nature's Trees, Inc.
Counsel to Prairie Dog Pet Products, LLC in the closing of its credit facility with Presidential Financial Corporation.
Represented KSL Capital Partners in the sale of the Miraval Group, the owner and operator of the Miraval Brand, the Miraval Resort and Spa in Tucson Arizona, and the Travaasa Resort and Spa in Austin, Texas.
Represented KeyBank in providing financing to an existing portfolio company for an add-on acquisition.
Represented KSL Capital Partners in the acquisition by the Miraval Group of the Travaasa Hotel and Spa in Austin, Texas.
Represented Mi Pueblo, a portfolio company of Victory Park Capital, in its sale to an affiliate of Kohlberg Kravis Roberts & Co. L.P. Mi Pueblo is Northern California’s leading Hispanic grocery retailer. In connection with this transaction, KKR also acquired Cardenas Markets, a Southern California Hispanic grocery retailer.
Represented Clarion Capital Partners, LLC in its acquisition of and acquisition financing for Madison Logic, Inc.
Represented Vectra Bank in the negotiation of a revolving line of credit for ADA Carbon Solutions (Red River), LLC.
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.
Co-Founder and Vice President, The Futurepositiv Project
Board Member, Environmental Learning for Kids
COVID-19—Evaluating Material Adverse Change Clauses in Loan AgreementsBrownstein Client Alert, March 24, 2020
Managing and Articles Editor, Race to the Bottom Online Corporate Governance Journal
Vice President of the Corporate Governance Society, University of Denver Sturm College of Law
Colorado Bar Association
Denver Bar Association