David Morse

Member at Otterbourg P.C.



JurisdictionUSA New York
City: New York

Phone
+1 212-905-3641

Social Media

Biography

David W. Morse is a member of the firm and chair of the international finance practice group. He represents banks, private debt funds, commercial finance companies and other institutional lenders in structuring and documenting loan transactions, as well as loan workouts and restructurings. He has worked on numerous financing transactions confronting a wide range of legal issues raised by Federal, State and international law.  

Some representative transactions include:

  • Represented the financial institution providing the revolving credit facility used, along with a separate term loan facility, to finance the acquisition by a major sponsor of one of the largest online specialty retailers of outdoor gear and apparel, including its subsidiary companies in Germany and Costa Rica. 
  • Represented the lead arranger, administrative agent, and co-collateral agent in providing a senior secured revolving credit facility to a leading international producer, distributor and recycler of lead-acid batteries used to finance its exit from bankruptcy under Chapter 11 of the U.S. Bankruptcy Code, with tranches in multiple jurisdictions requiring coordinating with local counsel in a total of ten different jurisdictions to identify and address legal and practical issues.
  • Represented the investment bank that was the lead arranger and administrative agent for a syndicate of lenders providing a revolving credit facility, the proceeds of which were used to fund the buyout of a market leader for school-affinity products, which financing included a first-lien term loan, a second-lien term loan, as well as a five year asset-based revolving credit facility. 
  • Represented the lead arranger and administrative agent in a multi-currency senior secured revolving credit facility provided to one of the largest beef, chicken and leather producers on a global basis, which syndicated credit facility involved multiple tranches within the facility with different currencies and borrowing availability for each tranche taking into account the ability of syndicate members to participate in tranches that involved financing outside of the United States.  
  • Represented the lead arranger in a multi-billion dollar senior secured credit facility consisting of a revolving line of credit and a term loan facility involving a unique structure of having the term loan included within the asset-based borrowing base requiring coordination of the issues between the revolving facility and the term loan embedded within a single credit document, for one of the nation’s largest apparel and home furnishing retailers with approximately 1,100 stores. 

Mr. Morse's professional activities include, among others: 

  • Founder and co-chair of the International Lending Conference held in London, sponsored by the Secured Finance Network, as well as serving as a moderator and panelist each year.
  • Representative of the Secured Finance Network to the United Nations Commission on International Trade Law (UNCITRAL), Working Group VI—Secured Transactions.
  • Fellow of The American College of Commercial Finance Lawyers,
  • Member of the Executive Board of the Association of Commercial Finance Attorneys, 
  • Secured Finance Network Foundation Governing Board and past Campaign Chair

Mr. Morse is also an expert author on asset-based lending, intercreditor agreements and commitment letters for Lexis Practice Advisor and is the author of numerous articles of interest to financial institutions, including "Lenders Beware: Expectations and Unintended Consequences--It's Not Just Financial Covenants!", which appeared in The Secured Lender, “What’s in Your Intercreditor Agreement?  For First Lien Lenders, the Devil’s in the Details” which appeared in the ABFjournal, an article titled “Pressure Remains High on Lenders” which appeared in Mergers and Acquisitions and “Comparing and Contrasting Asset-Based Lending and Leveraged Finance” which appeared in the Lexis Practice Advisor

Mr. Morse has given presentations sponsored by Practicing Law Institute, the American Bar Association, the Loan Syndication and Trading Association, the Secured Finance Network and other organizations. He was the winner of the 2008 Harry H. Chen Memorial Award of Excellence presented by the Secured Finance Network.

He has been selected for Super Lawyers since 2008 and Best Lawyers since 2013.

Education:

Amherst College, B.A.

New York University School of Law, J.D. 

David Morse authored an article as part of a book chapter in ICLG’s Lending & Secured Finance 2024: https://iclg.com/practice-areas/lending-and-secured-finance-laws-and-regulations/21-taking-security-in-cross-border-lending-how-do-you-know-the-steps-to-take



Firm: Otterbourg P.C.

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