Office

Grand Rapids

Phone

616/336-6755

Fax

616/336-7000

Email

mkshaver@varnumlaw.com

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Assistant

Charlene Vondett, 616/336-6555

Finance Experience

Mary Kay focuses on municipal finance transactions, corporate finance transactions and creditors' rights issues. In the area of municipal finance, she advises clients on establishing special taxing districts, election procedures and "blue sky" law issues, and acts as bond counsel, underwriter's counsel, and borrower's counsel in various tax-exempt and taxable bond transactions. These financings include publicly-offered issues, private placement (including bank qualified issues), and variable rate demand bonds and fixed rate bonds. Mary Kay represents governmental issuers in connection with traditional financings, such as general obligation bonds, grant anticipation bonds, installment purchase agreements and revenue bonds for governmentally issued facilities. Mary Kay also represents borrowers in conduit financings and taxable issuances, and lending institutions that purchase various tax-exempt obligations, such as tax anticipation notes and state aid anticipation notes.

Mary Kay's corporate finance practice includes advising clients on working capital loans, asset-based lending loans, equipment lease transactions and Article 9 issues. This practice involves single lender transactions, syndicated transactions, and transactions for diverse industries, such as the trucking, food packaging and automotive industries. Mary Kay also acts as local counsel for transactions needing opinions relating to Michigan perfection issues.

Mary Kay's creditor's rights practice includes advising clients on issues relating to distressed customers and customers who have filed bankruptcy. This involves advising clients on rights prior to a customer filing bankruptcy, such as demands for adequate assurances, reclamation demands, and refusal of delivery except for cash and tooling liens under Michigan law. It also involves advising client of rights and obligations once a customer files bankruptcy, such as the restrictions of the automatic stay, rights of a debtor to assume or reject an executory contract, treatment under a plan of reorganization and treatment under critical vendor motions and Section 503(b)(9) motions. A significant portion of Mary Kay's practice in this area is spent assisting clients in defending preference claims.