Kerry Northup joined Berluti McLaughlin & Kutchin as a partner in 2011, bringing extensive experience in both corporate transactions and business litigation to the firm. He has represented commercial lenders in both single loan and structured middle market financings, including acquisition financing, and represented closely held businesses and portfolio companies of private equity funds in ongoing corporate matters, mergers and acquisitions and business disputes.

Prior to joining Berluti McLaughlin & Kutchin, Mr. Northup was a partner at Kutchin & Rufo, P.C., and an associate at Sullivan & Worcester LLP and DKW Law Group.

Representative Engagements

• Representation of numerous lenders and borrowers in multi-million dollar secured and unsecured loan facilities, including:
  • representation of health care industry portfolio company of private equity fund in $22 million credit facility;
  • representation of senior lender in numerous structured acquisition financings;
  • representation of lenders in numerous working capital financings;
  • representation of private equity fund in capital call line of $10 million;
  • representation of potential strategic acquirer in connection with a loan convertible into equity of target corporation;
  • representation of automobile dealer in multi-million dollar floor financing; and
  • representation of lenders in loans to high net worth individuals secured by unusual assets such as rare wines and art.
• Representation of public and private corporations, including portfolio companies of private equity firms, in a wide range of mergers, acquisitions and dispositions including:
  • representation of sister portfolio companies in simultaneous asset sale to two different purchasers involving an aggregate sale price of over $30 million;
  • representation of an architectural, engineering and construction management firm in the
    $15 million stock sale of its entire business;
  • representation of a private equity fund in a share exchange of a portfolio entity, effecting a partial management buyout;
  • representation of a publicly traded wireless telecommunications company in its $10 million acquisition of stock of a wireless internet communications provider;
  • representation of a publicly traded wireless telecommunications company in its multi-million dollar acquisition of a radio tower corporation;
  • representation of a portfolio company of a private equity fund in its sale of stock to a division of H.J. Heinz Company;
  • representation of the purchaser in a multi-million dollar acquisition of a Mercedes-Benz automobile dealership;
  • representation of a publicly-held corporation in connection with its acquisition by a Hang Seng listed corporation; and
  • representation of a corporation in forming a multi-national joint venture with a DAX 30 listed corporation.
• Representation of publicly held corporations in corporate governance matters, equity and debt financings, disclosure matters, stock exchange listing standards and securities compliance matters.
• Representation of corporations and executives in employment matters, including the negotiation of executive employment agreements, non-competition agreements and the resolution of employment disputes, including the enforcement of non-competition agreements.
• Representation of public and private corporations, including portfolio companies of private equity funds, in a wide variety of disputes in federal and state court, including breach of contract, business tort, securities fraud and employment matters.