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Mark A. Carter serves as trusted counsel for clients in complex business transactions. Leveraging his substantive legal knowledge—which encompasses commercial transactions, corporate formation and governance, finance and lending, acquisitions and dispositions, and business insolvency—Mark helps his clients accomplish their goals and objectives.

Throughout his career, Mark has worked with public and private companies, start-ups, and emerging brands, on a broad range of matters, including: capital raising and debt transactions, vendor and supply contract development, asset and business acquisitions, and restructurings. In the process, he has advised board members, managers, and partners, regarding their duties and obligations, and developed processes for addressing corporate governance matters.

Mark also assists financial institutions and other lenders with middle market loan documentation, secured transactions, and workouts and collateral dispositions.

Armed with experience that spans more than three decades and a number of industries—including food and beverage, telecommunications, steel fabrication, health care, motor fuel, and construction—Mark has deep experience with formulating and implementing business-driven objectives and common strategies for accomplishing transactions consistent with management's goals.

In particular, through his blended practice, Mark is frequently called upon to assist clients with tailoring their contracts for insolvency preparedness, structuring and effectuating distressed acquisitions, and, where circumstances warrant, restructuring their operations and financial affairs.

Before joining Hinshaw & Culbertson LLP, Mark spent the majority of his career with a boutique insolvency and bankruptcy law firm in Chicago. More recently, he practiced with a Chicago-based business law firm.

Professional Affiliations

  • American Bankruptcy Institute
  • American Bar Association
    • Business Law Section
    • LLCs, Partnerships, and Unincorporated Associations Committee
  • Chicago Bar Association
    • Bankruptcy and Reorganization Committee
    • Business Law Committee
  • Illinois State Bar Association
    • Business & Securities Law Section Council, Chair, 2015 – 2016; Secretary, 2014 – 2015
  • Institute of Illinois Business Law
    • Dissolution of Entities Subcommittee, Chair
    • LLCs Subcommittee

Honors & Awards

  • Holds the AV® Peer Review Rating from Martindale-Hubbell, its highest rating for ethics and legal ability
  • Recognized by his peers as a "Leading Lawyer" in the area of Bankruptcy & Workout Law: Commercial
  • Recognized on the Super Lawyers list by Illinois Super Lawyers magazine, 2005 – 2006

Representative Matters

  • Represented a restaurant franchisor in the sale of five restaurants located across Northern Illinois. Documented all aspects of the dispositions, letters of intent, asset purchase agreements, pre-closing due diligence, trademark documentation, transaction negotiations and post-closing matters.
  • Documented an $8 million credit facility for the lender to an operator of a large steel galvanizing facility in Indiana.
  • Advised a U.S. affiliate of an international wholesale meat importer located in Illinois in connection with a loan transaction. Formulated processes and documentation for use by the company along the inventory supply chain starting at off shore points of delivery; documented treatment of inventory in CAD transactions; prepared covenants for company businesses.
  • Represented the lender on the restructuring of a $12.50 million credit facility with a nursing home owner operating facilities throughout Wisconsin, New Jersey, Indiana, Illinois, and South Carolina.
  • Accomplished the restructuring of a twelve (12) building, 400-unit condominium development in a $12.50 million loan settlement with the FDIC following the lender's default on performing loan. Negotiated and formulated an agreement with the FDIC on loan obligations; supervised related litigation with HUD and private parties.

Presentations

  • "Entering the Jungle: The Status of State Law Rights, Duties and Obligations of the Limited Liability Company and Its Managers and Members in Bankruptcy," ISBA LLCs in Bankruptcy seminar, Chicago, Illinois, September 16, 2015

Publications

  • "Corporate Governance and Deepening Insolvency: Part I - Lessons from Lemington Home for the Illinois Practitioner," ISBA Business & Securities Law Newsletter, April 1, 2015
  • Co-Author, "Insolvency Implications for the LLC and Its Members," IICLE's Limited Liability Companies and S Corporations Handbook, 2013 Edition

News

Personal

When he's not focused on client work, Mark works with several not-for-profit groups to address community needs and enjoys attending sporting events and spending time with family.

Community/Civic Activities

  • City of Naperville Fair Housing Advisory Commission, Appointed Member, 2005 – 2013; Past Chair, 2008 – 2009

J.D., University of Illinois College of Law, 1988

B.A., with high honors, University of Illinois at Urbana-Champaign, 1985