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Overview

Public Finance and Corporate Finance Attorney

Mary Kay has a diverse practice focusing on public finance, corporate finance and creditors' rights issues. In the area of municipal finance, she advises clients on tax-exempt financing issues, establishing special taxing districts, election procedures and "blue sky" law issues, and acts as bond counsel, underwriter's counsel, bank's counsel and issuer's counsel in various tax-exempt and taxable bond transactions. These financings include general obligation (limited and unlimited tax) bonds, revenue bonds, capital improvement bonds, special assessment bonds, tax increment financing bonds, refunding bonds, and installment purchase agreements, tax anticipation notes and state aid anticipation notes.  Mary Kay represents all types of entities, including cities, townships, villages, district libraries, downtown development authorities, public schools, charter schools, community colleges and hospitals.

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 creditors' 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. Mary Kay has handled over 250 preference matters.

Experience

Experience

Representation of governmental issuers in issuing tax-exempt bonds, notes and other obligations with principal amounts ranging from $100,000 to $135 million.

Representation of universities and colleges in issuing tax-exempt obligations with principal amounts ranging from $6 million to $44 million.

Representation of underwriters in taxable and tax-exempt transactions with principal amounts ranging from $1 million to $85 million.

Advising municipal clients in drafting ballot language for the approval of revenue bonds, truth-in-taxation and Headlee rollback issues.

Representation of corporate borrowers in taxable and tax-exempt transactions with principal amounts ranging from $2.5 million to $7 million.

Representation of corporate borrowers in lending transactions with principal amounts ranging from $2.5 million to $175 million.

Acting as local counsel in lending transactions with principal amounts ranging from $5,000 to $500 million.

Acting as bond counsel and counsel to public school academies in issuing tax-exempt obligations.

Representation of various clients in over 75 matters arising from issues in a customer's bankruptcy, with over 50 matters involving $1 million to $5 million at issue.

Representation of various clients in over 150 preference claims ranging from $4,000 to $13.5 million.

Leadership

Honors & Recognitions

Best Lawyers in America®, Banking and Finance Law, 2018

Professional Affiliations

Grand Rapids Bar Association

Michigan Association of Public School Academies

Michigan Council of School Attorneys

National Association of Bond Lawyers

State Bar of Michigan

Community Involvement

Habitat for Humanity, volunteer

Michigan Women in Finance: member, 2009 - present; president, 2015 - 2016

News & Publications

Education

Wayne State University Law School
Detroit, Michigan
J.D., cum laude, 1999
Law Review, Assistant Editor
Order of the Coif

Grand Valley State University
Allendale, Michigan
B.S., Hospitality & Tourism Management, magna cum laude, 1996

Bar Admissions

  • Michigan

Court Admissions

  • All Michigan state courts
  • United States Bankrupcty Court for the Eastern District of Michigan
  • United States Bankrupcty Court for the Western District of Michigan
  • United States District Court for the Eastern District of Michigan
  • United States District Court for the Western District of Michigan
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