Profile
Carl McCarthy has a diverse public finance, corporate, and securities practice. Carl's debt advisory practice is focused on advising creditors on strategies for restructuring both municipal and corporate high-yield and distressed debt in a non-bankruptcy setting through remediation, workouts, and liability management exercises, often working closely with bankruptcy advisors. He regularly represents creditor entities and bond trustees in municipal credit transactions.
Carl also represents U.S. and non-U.S. issuers (corporate and municipal), underwriters, and investors in a wide range of primary and secondary securities transactions involving all types of debt and equity, including high-yield and investment grade debt, convertible debt, preferred securities, units, and warrants, as well as leveraged buyout financing. He has advised on initial public offerings (IPOs), issuances by non-U.S. companies of securities into the United States, resales of restricted securities, and numerous other securities-law related matters. Carl represents underwriters, purchasers, and credit enhancers on offerings of municipal securities and other public finance debt. He has worked on more than 70 securities offerings, raising a total of more than $30 billion.
Carl has been involved in numerous cross-border transactions in a wide range of jurisdictions including Canada, Mexico, Panama, the Cayman Islands, Belgium, Denmark, France, Germany, Ireland, the Netherlands, Sweden, Switzerland, the United Kingdom, Japan, Abu Dhabi, and Turkey.
Prior to joining Greenberg Traurig, Carl served as general counsel and chief compliance officer of ACA Financial Guaranty Corporation, gaining deep experience in creditor direction of indenture trustees when exercising remedies, having led legal work relating to the company's $7.3 billion portfolio of revenue bond credits, with a focus on workouts and remediation of distressed credits, as well as discounted bond-buyback programs and other liability management exercises.
Concentrations
- High yield tax exempt finance
- Project and infrastructure finance
- Multifamily affordable housing finance
- Credit enhancer representation
- Corporate transactions
- Workouts and restructurings
Capabilities
Experience
- Represented bond purchasers in $100 million follow-on tax exempt bond financing of electric battery recycling facility in Texas.
- Represented bond purchasers in $75 million tax exempt bond financing of electric battery recycling facility in Texas.
- Represented bond purchasers in numerous tax exempt and taxable bond offerings totaling over $500 million for the financing of a precious metals reclamation facility in Texas serving oil refineries.
- Bond counsel representation of county housing finance authorities in Florida on numerous multifamily affordable housing mortgage bond offerings.
- Bond counsel representation of state housing finance authority in Florida on numerous multifamily affordable housing mortgage bond offerings.
- Represented underwriter in a tax exempt bond offering for a New York public benefit corporation to acquire and refurbish a hotel-casino.
- Represented bond purchasers in numerous short term taxable bond anticipation notes offerings for various projects in the energy transition, recycling and transport sectors.
- Represented bond purchasers in tax exempt and taxable bond offerings totaling over $50 million for the financing of a waste food grease-to-biofuel feedstock facility in Mississippi.
- Represented bond purchasers in tax exempt and taxable bond offerings totaling over $100 million for the financing of transport terminal projects on the Ohio River in West Virginia.
- Represented the construction lender in a $70 million multifamily affordable housing project in Florida.
- Represent majority bondholder in the restructuring of a Florida continuing care retirement community.
- Represent bond trustee acting at direction of bondholders in the restructuring of a Florida charter school.
- Represent bond trustee acting at direction of bondholders in the restructuring of a Florida student housing project.
- Represent bond trustee acting at direction of bondholders in the restructuring of a parking garage in New York state.
- Represented the bond purchasers in the sale of a distressed medical waste incineration facility.
- Represent bond trustee acting at direction of bondholders in the restructuring of numerous Florida community development districts.
- Represent sole bondholder in restructuring of midwestern senior living center.
- Represent bond trustee acting at direction of bondholders in restructuring of early stage biofuels facility in Florida.
- ACA Financial Guaranty Corp, 2011-2019
- Secretary, General Counsel and Chief Compliance Officer, 2012-2019
- Associate General Counsel, 2011-2012
- Vice President and Counsel, Credit Suisse First Boston, 2004
- Park Ranger, National Park Service, 1997-1998
- Adjunct Professor of Law, Intro to Securities Law, St. John’s University School of Law, 2010
Recognition & Leadership
- Board of Directors, Techie Youth Corp, 2014-2022
- Member, New York City Bar Association, 2005-Present
- Member, Task Force on International Legal Services, 2010-2011
Credentials
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J.D., University of Pennsylvania Law School
- Senior Editor, Journal of International Business Law
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A.B., History, with honors, Brown University
- Phi Beta Kappa
- U.S. Court of Appeals for the Ninth Circuit, 1997-1998
- Florida
- New York