Max W. Fargotstein represents both lenders and borrowers in a wide variety of debt financing transactions including secured financings, cash flow financings, acquisition financings, asset-based financings and other commercial lending transactions. In addition to a traditional commercial lending practice, Mr. Fargotstein has experience with specialty finance transactions such as equipment leasing, transportation asset financings (secured by aircraft, vessels and/or railcars), insurance premium financings and real estate financings. Mr. Fargotstein’s practice includes the representation of private and public businesses, corporate borrowers, financial institutions, commercial banks, non-bank lenders, private equity funds, leasing companies and other participants in the financial services industry.
Mr. Fargotstein is a 2017 cum laude graduate of Tulane University Law School where he served as a managing editor of the Tulane Maritime Law Journal, and a summa cum laude graduate of Tulane University’s A.B. Freeman School of Business.
Areas of Practice
- Corporate Law
- Banking and Finance
- Private Equity
Represented Byline Bank as Agent and lender to private equity sponsor, Benford Capital, in its acquisition of BSC Industries, a distribution company for bearings, power transmission components and motion control products.
Represented CIBC Bank USA, as administrative agent and lender, in connection with a $15 million revolving loan facility with a sponsor-backed solar energy equipment company.
Represented Gemino Healthcare Finance, LLC d/b/a SLR Healthcare ABL, in connection with $300 million in debt financing to Outset Medical, a medical technology company; the financing included a $250 million term loan facility and up to $50 million in asset-based revolving credit.
Advised Post Road Group, a privately held SEC-registered investment advisor, in connection with a multi-million-dollar debt and equity investment in a Unified Communications as Service (UcaaS) telecommunicatons company; the transaction included a credit facility with the company’s operating subsidiary and a substantial equity stake in the publicly-traded parent company.
Represented Popular Bank in a $40 million term loan to a REIT based in New York on a refinancing of four skilled nursing facilities located in the States of Oklahoma and Texas.
Represented CIBC Bank USA in a $40 million term loan and refinancing of eight assisted living facilities and skilled nursing homes in Minnesota to Monarch Healthcare Management, an operator of senior living centers.
Represented Charter Asset Management Fund, L.P., as lender, in negotiating and documenting a $10 million revolving line of credit, including an accordion feature, with Rocketship Education, a non-profit entity that runs a network of charter schools throughout the U.S.
- Tulane Law School, J.D., cum laude, 2017
- Managing Editor, Tulane Maritime Law Journal
- Tulane University, A.B. Freeman School of Business, B.S.M., summa cum laude, 2014
- Duane Morris LLP
- Associate, 2020-present
- Horwood Marcus & Berk Chartered
- Associate, 2019-2020
- Vedder Price PC
- Associate, 2017-2019
- The Loan Syndications & Trading Association
- The Chicago Bar Association
- Illinois State Bar Association
- Equipment Leasing and Finance Association
Honors and Awards
- Listed in Super Lawyers Illinois Rising Stars
- Jewish Council for Youth Services (JCYS)
Civic and Charitable Activities
- Illinois Holocaust Museum & Education Center
- Young Professional Committee
- Jewish Council for Youth Services (JCYS)
- The Jewish United Fund of Metropolitan Chicago
- Co-author, "Real Estate Funds Have a Cornucopia of Options to Meet Financing Needs and Achieve Nearly Any Objective," Duane Morris LLP, December 2, 2020
- Co-author, "Federal Reserve Takes Significant Steps to Expand the Main Street Lending Program," Duane Morris Alert, June 11, 2020
- Co-author, "Federal Reserve Updates Main Street Lending Program Guidance and Publishes Form Loan Documents," Duane Morris Alert, June 3, 2020
- Co-author, "Federal Court Rules That Loans Are Not Securities," Duane Morris Alert, June 2, 2020
- Co-author, "New COVID-19 Relief Opportunities for the Agricultural Industry," Duane Morris Alert, April 27, 2020
Selected Speaking Engagements
- Presenter, "Healthcare Finance Transactions: Documentation; Perfecting UCC Interests in Commercial and Governmental Receivables," Strafford Webinar, May 10, 2023
- Co-Presenter, "Loan Agreements 101: Documenting and Negotiating Loan Documents," Duane Morris LLP, August 3, 2021
- Faculty Presenter, “Debt Finance Options for Real Estate Funds,” Strafford Publications, Inc., May 25, 2021