R. Timothy Bryan
Partner
Duane Morris LLP
111 South Calvert Street, Suite 2000
Baltimore, MD 21202-6114
USA
Phone: +1 410 949 2902
Fax: +1 410 510 1946
Email: tbryan@duanemorris.com

Washington, D.C. Address
Duane Morris LLP
505 9th Street, N.W., Suite 1000
Washington, DC 20004-2166
Phone: +1 202 776 5211

R. Timothy Bryan practices in the area of corporate law with a focus on commercial finance. Mr. Bryan focuses his practice on representing lenders, other capital providers, equity sponsors and portfolio companies in a wide range of debt transactions, as well as representing private equity funds and emerging and middle-market companies in investments and acquisitions. He also provides general corporate advice to private equity and other companies. In bankruptcy matters, Mr. Bryan represents creditors, including lenders and other capital providers, in pre-petition loans, debtor-in-possession financing and cash collateral matters; intellectual property licensors in license assumptions and transfers; asset purchasers in bankruptcy sales; and landlords.

Mr. Bryan was formerly special counsel at the NASDAQ Stock Market, Inc., in Washington D.C., where he advised the general counsel of NASDAQ on appeals of decisions to delist companies from its regulated electronic markets.

Mr. Bryan is a 1991 graduate of the University of North Carolina School of Law, where he was editor of the North Carolina Journal of International Law and Commercial Regulation, and a summa cum laude graduate of North Carolina State University.

Areas of Practice

• Commercial Finance
• Corporate Finance
• Venture Capital/Private Equity Law
• Mergers and Acquisitions Law
• Corporate and Business Law
• Bankruptcy Law
• Out of Court Workouts/Debt Restructuring

Representative Matters

Secured Lending

• Represented the mezzanine lender in supporting the private-equity backed acquisition of a homeland security products distribution company.
• Represented the mezzanine lender in supporting the private-equity backed acquisition of an electronics distribution company.
• Represented a private-equity backed platform company offering telecommunications services in a mezzanine loan to support an add-on acquisition.
• Represented a private-equity backed platform company offering telecommunications services in a senior credit facility, including a revolving loan and two term loans, to support an add-on acquisition.
• Represented a major bank in a $250 million senior secured credit facility to an information technology company.
• Represented a major non-bank lender in a $95 million senior secured credit facility to a vacation club.
• Represented a major non-bank lender, as agent, in a $75 million senior secured credit facility to a pharmaceutical distributor.
• Represented a major non-bank lender, as agent, in a $60 million senior secured credit facility to a soft-drink bottler.
• Represented a purchaser, as borrower, in a $50 million senior secured credit facility in connection with its acquisition of an electronic instruments business.
• Represented a borrower in a $20 million asset-based credit facility and the related restructure of previously issued equipment bonds.

Mergers, Acquisitions, Asset Sales and Joint Ventures

• Represented a private equity fund in the $100 million acquisition of an instrument division of a major electronics-equipment manufacturer with facilities in seven countries.
• Represented a foreign-owned investment company in the acquisition of a majority equity stake in a $300 million holding company with electric-power-generation assets in various Caribbean countries.
• Represented a telecommunications testing company in the $50 million sale of its assets to a Fortune 100 manufacturing company.
• Represented a telecommunications company in a joint venture with a company based in the Netherlands for the marketing of telecommunications services.
• Represented a manufacturer of telecommunications testing equipment in its merger with a public company based in the United Kingdom.

Issuer/Borrower

• Represented a telecommunications-service provider in the issuance of $75 million of senior notes.
• Represented a private-equity-sponsored media and marketing company in its leveraged recapitalization.

Securitizations

• Represented an automotive finance company in the placement of $40 million of notes secured by automobile loans.
• Represented an equipment lessor in the placement of $25 million of notes secured by leases of computer equipment.

Restructurings and Loan Workouts

• Represented a major bank in the restructuring of $240 million of secured credit facilities to a commercial agricultural operation.
• Represented a group of lenders in the restructuring of $80 million of credit facilities to a real estate investment trust.
• Represented a major bank in the restructuring of $70 million of secured credit facilities to a manufacturing company.
• Represented a commercial lender in the restructuring of a $40 million credit facility with a developer of timeshare properties.

Bankruptcy Representations

• Represented a telecommunications equipment manufacturer in connection with a $120 million vendor finance facility in the bankruptcy proceedings of a telecommunications company.
• Represented a securitized loan servicer in connection with $45 million of debt, secured by commercial real estate in four states, in the chapter 11 proceedings of a borrower and the subsequent asset sale.
• Represented a strategic purchaser of assets in a debtor-in-possession financing and asset acquisition in the bankruptcy proceedings of a telecommunications company.
• Represented a foreign-owned investment company as the purchaser of an ethanol production facility from a chapter 11 debtor.

Professional Activities

• American Bar Association
• American Bankruptcy Institute
• Walter C. Chandler American Inns of Court
• Turnaround Management Association
  - Director, National Board
  - Past President, Chesapeake Chapter
  - Co-Chair, 2010 Spring Conference
• Association for Corporate Growth

Admissions

• Maryland
• District of Columbia
• Virginia
• California
• U.S. District Court for the District of Maryland
• U.S. District Court for the District of Columbia
• U.S. District Court for the Eastern District of Virginia
• U.S. District Court for the Western District of Virginia
• U.S. District Court for the Central District of California
• U.S. District Court for the Eastern District of California
• U.S. District Court for the Northern District of California
• U.S. Court of Appeals for the Fourth Circuit
• U.S. Court of Appeals for the Ninth Circuit

Education

• University of North Carolina School of Law, J.D., 1991
  - Editor, North Carolina Journal of International Law and Commercial Regulation
• North Carolina State University, B.A., summa cum laude, 1987

Experience

• Duane Morris LLP
  - Partner, 2010-present
• Patton Boggs LLP
  - Partner, 2006-2010
• DLA Piper LLP
  - Partner, 2003-2006
  - Associate, 1999-2002
• The NASDAQ Stock Market, Inc.
  - Special Counsel, 1998-1999
• NetSource International Communications, Inc.
  - General Counsel, 1997-1998
  - Corporate Counsel, 1996
• Giancarlo & Gnazzo LLP
  - Associate, 1995-1996
• Murphy, Weir & Butler LLP
  - Associate, 1991-1995

Selected Publications

• "Is Arbitration Binding After Bankruptcy Filing? Courts Apply Same Standards, Reach Different Results," Journal of Corporate Renewal, November 2007
• "U.S. Supreme Court Tackles Variety of Bankruptcy Issues," Journal of Corporate Renewal, January 2007
• "GO Zone Act Aims to Turn Around Hurricane-Ravaged Economies," Journal of Corporate Renewal, June 2006

Selected Speaking Engagements

• Speaker, "Recent Trends in Bankruptcy Law," U.S. Bank, McLean, Virginia, October 2009
• Panelist, "Bankruptcy Law Developments Post-BAPCPA," Turnaround Management Association Spring Conference, Dallas, Texas, March 2007
• Panelist, Tranche B, Second Lien & SCIL Financing Summit, Las Vegas, February 2006
• Panelist, Tranche B, Second Lien & SCIL Financing Summit, Las Vegas, February 2005