Max W. Fargotstein


  • Max W. Fargotstein
  • Phone: +1 312 499 6775

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  • Duane Morris LLP
    190 South LaSalle Street, Suite 3700
    Chicago, IL 60603-3433

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
  • Finance
  • Private Equity

Representative Matters

  • Represented a private credit lender, as administrative agent and lender, in connection with a $100 million debt financing to a telecommunications company, consisting of a $60 million term loan facility and a $40 million delayed draw term loan facility.

  • Represented Gemino Healthcare Finance, LLC d/b/a SLR Healthcare ABL in connection with a $60 million debt financing to a medical technology company, consisting of a $45 million term loan facility and a $15 million asset-based revolving line of credit.

  • Represented Byline Bank as Agent and lender to private equity sponsor Benford Capital Partners in its recapitalization of acquisition of RP Foods, LLC, a food and beverage products company.

  • 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.


  • Illinois


  • 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

Professional Activities

  • 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

Board Memberships

  • 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

Selected Publications

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