Devon A. Kinnard
PRACTICE FOCUS AND EXPERIENCE
Devon A. Kinnard practices in the Banking and Credit and Business Law areas, focusing on commercial transactions, including commercial loans, private securities offerings and capital raises, joint venture and syndicated financings, mergers and acquisitions, and corporate transactions arising out of the day-to-day operations of closely-held and public companies. He serves as counsel to a number of financial institutions, including regional and national banks, credit unions, and a wide variety of private, mezzanine, and other corporate financiers. Devon assists lending clients in structuring complex, multi-tranche credit facilities and common commercial loans.
Devon represents borrowers in connection with commercial real estate and asset-based loan transactions, including construction loans, accounts receivable financings, specialized healthcare receivable financings, and inventory and equipment based credit facilities. He also has experience representing lenders and borrowers in foreign and domestic letter of credit matters, and has represented lenders in a number of sophisticated cross-border financing arrangements involving both U.S. and foreign subsidiary-borrowers.
In addition to his experience with secured and unsecured trade creditor representation in Chapter 7 and 11 bankruptcy proceedings, Devon is often engaged in complex work-out and financial restructuring matters and assists lenders with bringing troubled credit relationships back to performing status.
An additional component of Devon’s experience and practice focus involves the specialized area of franchise law. Devon is routinely engaged by institutional lenders and franchisees in connection with franchise disclosure documents (FDDs), licensing, and other franchise-related matters. Devon has also represented numerous restaurants, bars, and nightclubs in connection with obtaining and transferring liquor licenses throughout Massachusetts, and has represented liquor license holders in stock and asset purchase and sale matters.
Devon and his family live in Worcester where they are active in the local business and charitable communities and deeply committed to the long-term success and continued economic development of the city.
- Represented a large, New England-based lender in its extension of $26M+ in commercial real estate financing for a state-of-the-art aviation facility operated by a Fortune 10 company.
- Represented a regional lender in its extension of multiple term and asset-based loan facilities aggregating $12M to a New England based precision machining and assembly company with ISO-9001-2008/AS9100C certification;
- Represented multi-national manufacturing and distribution companies, having various manufacturing facilities and assets in the United States, Italy, and Hong Kong, in their borrowing of various revolving and term loan facilities (aggregating $9M), and in connection with multiple manufacturing, supply and international distribution agreements.
- Represented a regional lender in connection with an extension of a $20M construction line of credit facility for the partial financing of constructing a 168 unit apartment complex.
- Served as lead counsel to a regional lender in connection with an $18.5M refinance of a mixed-use retail complex in Massachusetts.
- Named as outside general corporate and lending counsel to a New England based credit union having approximately $600M in assets.
- Represented a regional lender in connection with its extension of multiple asset-based loan facilities aggregating $7M to a New England-based defense contractor.
- Represented franchisee-owner in its sale of 10 franchise stores and all of its assets. Transaction involved prolonged and complex negotiations with a globally-recognized franchisor's operation of the stores during the pendency of sale negotiations, and ongoing forbearance and settlement negotiations with franchisee's multiple creditors.
- Represented a national, made-to-order manufacturing and design firm in its borrowing of multiple term and revolving loan facilities aggregating $4M.
- Represented New England-based urgent care center operator in connection with its obtaining $5M+ in acquisition financing and working capital loan facilities from a large, global banking institution.
- Represented a regional lender in its extension of various line of credit, term and commercial mortgage loan facilities (aggregating $10M) to a U.S. based plastics manufacturer and its foreign subsidiaries.
- Represented a start-up green building consultancy and real estate developer in connection with its acquisition of a business sub-unit from a global mechanical systems corporation having revenues in excess of $1B.
- Represented a Hong Kong based plastic injection molding company in its capacity as the largest supplier to, and largest unsecured creditor of, a U.S. based retailer and distributor subject to Ch. 11 Bankruptcy protection.
- Represented a regional lender in connection with extensions of a various term, revolving, and non-revolving acquisition lines of credit facilities (aggregating $8M). The transaction involved ensuring compliance with myriad security and collateral issues in connection with collateral subject to protection under the Health Insurance Portability and Accountability Act of 1996.
- Represented a national lender in connection with an extension of various revolving and term loan facilities to a national publishing and production company. Transaction involved the (i) extension of a new revolving facility and the amortization of three existing revolving line of credit facilities, (ii) collateral assignment of a significant intellectual property portfolio, (iii) pledge of various equity and/or stock holdings in borrower and certain of its affiliates, and (iv) complex subordinated debt and outstanding stock warrant issues.
- Represented a New England commercial and industrial rooftop solar energy company in connection with contract negotiations among domestic, European, and Chinese solar application manufacturers.
- Distinctions: Peer Review AV® Preeminent™ rated by Martindale-Hubbell, the highest bestowed rating; Massachusetts Super Lawyers Rising Stars, 2015-2017.
- Admitted: Massachusetts; U.S. District Court for the District of Massachusetts.
- Listed as a municipal bond attorney in The Bond Buyer's Municipal Marketplace (the "Red Book").
- Member: Massachusetts Bar Association; Boston Bar Association; American Bar Association (Banking Section); National Association of Bond Lawyers (2016-present).
- Boston College Club: Member (2016-present).
- Lupus Foundation of New England: Board of Trustees (2015-present).
- Worcester County Community Legal Aid Campaign Committee: Member (2015).
- Catholic Charities of Worcester County: Board of Directors (2015-present).
- Worcester Regional Chamber of Commerce: Breakfast Club Committee (2014-present); William J. Short Memorial Classic Golf Tournament Board (2013-present); Ambassador (2012-present).
- Worcester Young Businessmen’s Association: Member (2012-2015).
- Worcester Economic Club: Member (2012-present).
- Worcester Country Club: Member (2012-present).
- Clark University Hall of Fame Committee: Member (2011-present).
- Clark University Men’s Lacrosse: Volunteer Assistant Coach (2009-2010).
Publications and Speaking Engagements
- The Great New England Credit Union Show, Cooperative Credit Union Association, 2016, Devon A. Kinnard (panelist)
- Member Business Lending Part II, Cooperative Credit Union Association, 2016, Devon A. Kinnard (presenter)
- Lending Network Meeting, Cooperative Credit Union Association, Inc., 2016, Devon A. Kinnard (presenter)