Jason Berne is a partner in Ice Miller’s Business Group where he practices as a legal finance advisor focusing on corporate acquisitions and sales. He represents lenders and borrowers in a wide range of corporate finance transactions, including secured and unsecured credit facilities, private equity sponsor financing, asset-based financing, private placements, channel finance transactions, multiparty syndications, real estate financing and sale-leaseback transactions. His practice also includes advising debtors and creditors in a variety of workout matters, including note sale agreements, deed-in-lieu transactions and forbearance agreements.
Jason regularly counsels clients on industry-specific financing issues including health care, franchising, distribution and real estate. He also advises lenders and borrowers in connection with food and beverage distribution, cross-border finance, intellectual property collateral, financing radio and television licenses, specialty machinery and specialty equipment. Jason has also represented clients in connection with specialty financing transactions including, aviation, casino/race track, film production, private art work collections and credit card processing.
In addition, Jason has experience advising clients on a range of international commerce transactions including joint venture formation, corporate formations and governance and distribution and service arrangements.
Prior joining Ice Miller, Jason was a partner with an international AmLaw 100 law firm practicing in Chicago, St. Louis and Dubai.
Reported and Representative Cases
- Advised administrative agent in a syndicated loan facility to finance the acquisition of multiple beverage distributorships totaling $165,000,000 and secured by six parcels of real property across multiple states.
- Advised a major national food distribution company in connection with drafting and enforcing its trade-credit financing documentation.
- Regularly assists private equity firms in the acquisition of portfolio companies and related financing.
- Counseled lender in financing a U.S.-based equipment manufacturer with operations in Europe guaranteed by the Export-Import Bank of the United States.
- Advised a publicly traded heavy equipment distributor in connection with its domestic and international financing arrangements.
- Advises mid-western regional bank in connection with private equity acquisition financing.
- Represented lender in transactions totaling more than $50 million for loan facilities secured by radio and television broadcast licenses.
- Counseled lender in a $45 million financing of casino and race track, requiring coordination with multiple state agencies and licensing authorities.
- Advised a tractor and heavy machinery dealer through several rounds of refinancing with various lenders and multiple sources of simultaneous funding (private placement, credit facility and vendor financing) totaling more than $90 million.
- Supervised foreclosures for regional bank on multiple real estate development transactions totaling more than $75 million.
- Counseled a coal mining company in connection financing an $80 million management buyout and subsequent acquisition of additional coal mines and equipment financings.
- Represented lender in $60 million financing and management buy-out of a packaging company, including the purchase of interests from an employee stock ownership plan.
- Counseled lender in connection with $55 million acquisition financing of a medical device manufacturer from a closely held business.
- Lead a team representing a national bank in connection real estate foreclosures, structured settlements, and note sale agreements related to real estate in multiple states totaling more than $100 million.
- Represented administrative agent in $75 million leveraged financing for acquisition of an in-home healthcare provider requiring coordination with state regulators and licensing authorities.
- Represented a supply chain finance company in transactions totaling more than $200 million over 10 years.
- Represented regional finance company in connection with drafting and enforcing equipment financing, including through UCC Article 9 sales.
Firm Publications
News
Blog Posts
Speaking Engagements
- Moderator, Opus Connect Private Lenders Roundtable, April 12, 2022