Scott D. Berson

Scott Berson has 25+ years of experience representing lenders and borrowers in structured and more conventional financings—both secured and unsecured—as well as in other related transactional matters. Serving major commercial banks, other financial institutions and companies, Mr. Berson focuses primarily on receivables transactions—particularly those structured as “true sales”—originating across a wide range of industries and products, including industrial equipment and energy generation, cloud services, auto parts, chemicals, technical support, and toy/consumer goods. He also represents both purchasers and sellers in matters involving not only direct transfers, but also those structured as sales through supply chain platforms.

Focus Areas

Experience

Major commercial bank in purchasing trade receivables in multiple transactions opposite numerous originating companies, including those in the cloud services, auto parts, chemical, technical support, industrial equipment, and toy industries.
Major commercial bank in purchasing trade receivables from multiple sellers, including commodities trading companies and a company that provides data center colocation and interconnection services, structured as direct purchases as well as involving a two-step sale process through an aggregator SPV.
US investment fund in multiple transactions involving its purchase of various long-term receivables generated by a major industrial OEM under both equipment supply contracts and long-term servicing agreements.
Factoring arm of a major European commercial bank in purchasing trade receivables from US subsidiaries of its customers.
Major commercial bank in multiple sale/leaseback transactions involving fuel cell equipment to be installed and operated at various Walmart, Amazon and Home Depot facilities in the US.

US-based fuel broker and various of its domestic and foreign subsidiaries, as sellers, in three separate trade receivable financings, totaling $500+ million, as well as in connection with various supply chain programs in which it participates.
Leading pharmaceutical company, as seller, in a trade receivables facility involving the factoring of specified receivables from three of its principal customers, one of which involved direct sales to a commercial bank and the other of which involved sales through a FinTech platform.
US-based fuel broker and various of its domestic and foreign subsidiaries, as borrowers and guarantors, in its $2 billion secured revolving credit, term loan and letter of credit facility.
High-net-worth individual regarding a revolving credit facility secured by the individual’s fine art collection.
Recycling company and its subsidiaries, as borrowers and guarantors, in its term loan and revolving credit facility, secured by substantially all of the assets of the borrower and guarantors.