Profile
Whitney A. Mark is a member of the firm’s Finance Practice. She primarily represents domestic and foreign banks, sponsors, and borrowers in structuring, negotiating, and documenting revolving and term loan facilities, senior and subordinated debt transactions, cash flow and asset-backed financings, secured and unsecured lending, intercreditor arrangements, and acquisition financings.
Whitney also has experience in restructuring and bankruptcy as well as corporate trust products and related litigation, including qualified settlement funds, liquidating trusts, and corporate and municipal bond defaults.
Concentrations
- Syndicated loan transactions
- Cross-border credit facilities
- Asset-based and cash flow financings
- ESG and sustainability linked credit facilities
Capabilities
Experience
- Representation of administrative agent in multiple cross-border music catalogue acquisitions.
- Representation of borrower as purchaser of biostatistics company in cross-border acquisition financed by syndication of private equity lenders.
- Representation of purchaser of an international insurance company in an out-of-court debt restructuring, syndicated loan, and bond offering related to a $3 billion cross-border acquisition.
- Representation of lender and administrative agent in $100 million multi-currency revolving credit facility to international law firm.
- Representation of lender in bilateral revolving credit facility totaling $15 million to international psychology-services firm.
- Representation of secured lender in separate bilateral term facilities totaling $60 million for acquisitions of national and international technology companies and $10 million revolving demand note.
- Representation of professional sports team as borrower in syndicated revolving and term credit facilities totaling $180 million.
- Representation of REIT as borrower in separate syndicated loan agreements totaling $800 million secured by portfolios of commercial properties.
- Representation of lender in $14 million bilateral loan to borrowers secured by agricultural mortgages.
- Representation of trustee in formation and administration of various qualified settlement funds established by bankruptcy debtors to resolve mass tort liabilities.
- Representation of trustee in cross-border restructuring of senior secured corporate notes totaling $300 million involving Australian scheme proceeding and U.S. chapter 15 filing.
- Representation of corporate trust trustee in numerous Chapter 11 filings as largest unsecured creditor with appointment to committee of unsecured creditors.
- Representation of secured lender in commercial foreclosure dispute and out-of-court restructuring of $60 million in revolving and term loan debt obligations.
- Representation of creditors’ committee in chapter 11 bankruptcy cases of national senior health care facilities.
- Representation of shipping broker in asserting administrative claim against chapter 11 debtor.
- Representation of chapter 7 trustee in pursuit of claims against secured lender and merger partner relating to the fraudulent seizure of the debtor’s assets, resulting in a settlement exceeding $4 million.
- Representation of a furniture retailer in its chapter 11 bankruptcy case, including a 363 sale of all assets.
- Representation of a landlord in a contested chapter 11 proceeding through voluntary dismissal of case.
- Representation of active-duty military member in commercial transaction dispute.
- Representation of active-duty military member in residential real estate dispute.
- Representation of youth soccer non-profit organization in litigation; obtained stipulated dismissal with prejudice.
Recognition & Leadership
- Selected, Secured Finance Network, “40 Under 40 Award,” 2024
- Listed, Super Lawyers magazine, Minnesota Super Lawyers Rising Stars, 2023
- Recognized, Minnesota State Bar Association, “North Star Lawyers,” 2022
- Outstanding Services Award, ABA Military Pro Bono Project, 2022
- Member, The M&A Advisor’s Turnaround Awards, “Restructuring Deal of the Year” for the restructuring of A.B.C. Carpet Co, Inc. and affiliates, 2022
- Member, Winning Team, IFLR Asia-Pacific Awards, “Deal of the Year: Restructuring” for Boart Longyear, 2022
- Mentor, Twin Cities Diversity In Practice
- Volunteer, Credit Abuse Resistance Education (CARE)
- Member, National Association of Women Lawyers
Credentials
Education
-
J.D., summa cum laude, Mitchell Hamline School of Law
- Notes & Comments Editor, Mitchell Hamline Law Review
- Recipient, Certificate in Advocacy and Problem-Solving (CAPS), The Dispute Resolution Institute
- B.A., cum laude, University of Northern Iowa
Clerkships
- U.S. Bankruptcy Court for the District of Minnesota
- Minnesota Court of Appeals
- Minnesota Court of Appeals
Admissions
- Minnesota
- U.S. District Court for the District of Minnesota