Daniel C. Garner’s practice focuses on representing secured lenders in commercial finance transactions. Dan’s practice focuses on serving the commercial finance industry representing commercial banks, asset-based lenders, finance companies and factors in connection with secured financing transactions.
His representation of commercial finance clients in litigation and bankruptcy matters blends with more than 30 years of transaction experience to bring balanced focus and insight to the complex issues that arise in closing, restructuring and liquidating secured credit facilities.
Dan’s practice includes the negotiation and documentation of secured asset-based credit facilities and related workouts and liquidations, in single and multiple-party syndication and participation arrangements involving a variety of commercial enterprises, including companies in the building materials, computer retailer, lender-finance, mortgage warehouse, equipment finance, premium finance, debt acquisition and servicing, factoring, credit card portfolio acquisition and servicing, jewelry, office supply, worldwide freight forwarding, medical supply, waste disposal, apparel, sporting goods, metal fabrication, drilling and exploration, periodical distribution, chemicals, contract employment, pharmaceutical fasteners, aircraft hardware, meat packing and marine manufacturing industries.
Dan is a member of the firm’s Pro Bono Leadership Team, and he chairs the Dallas office Pro Bono Committee.
- Served as agent’s or lender’s counsel in providing senior secured asset-based revolving credit facilities for the following: a supplier of outsourced semi-conductor interconnect services; an owner and operator of daily newspaper publishing companies; a Hollywood post-production facility provider of technological solutions for the entertainment industry; a manufacturer of spray foam systems and specialty coatings; a leading supplier of general line rigid containers; a manufacturer of polyethylene pipe; a supplier of inventory to creative crafts retailers; a regional retailer of home and garden merchandise; a regional distributor of magazines and other periodical publications; a provider of sophisticated, high-end audio-visual services for luxury hotels; a seller of line pipe, hydraulic hoses and fittings, production tanks, casing, valves, injection pumps and other oilfield equipment and supplies; a concrete pumping company; a worldwide buyer, seller, inspector and servicer of pipe, casing, tubing, and other oilfield tubular goods; and a provider of clinical documentation outsource services for hospitals, medical practices and healthcare networks.
- Served as agent’s, lender’s or borrower’s counsel in connection with senior secured asset based revolving credit facilities in “lender finance” transactions for borrowers serving the finance industry, including, a provider of merchant cash advances secured by rights to future credit card and debit card sales; an equipment leasing company, secured by lease receivables and other assets; a real estate financing company, secured by mortgage loans; an asset based financing company, secured by a portfolio of asset based loans; a factoring company, secured by factored and un-factored accounts; an acquirer of distressed credit card portfolios; and an insurance premium finance company.
- Served as counsel for asset-based lenders in connection with negotiating and closing the acquisition of portfolios of asset-based loans from asset-based lenders.
- Served as agent’s or lender’s counsel in cross-border financings, including a senior secured asset based multi-currency revolving credit facility providing USD funding to a domestic manufacturer of precision measurement instruments and GBP funding to a UK subsidiary; and a senior secured asset-based credit facility for a worldwide freight-forwarder and logistics company involving multiple subsidiaries located in the US, Canada, the UK and the Netherlands.
- Served as counsel for secured lenders in addressing problem credits, including secured creditor’s counsel in connection with successful conclusion of complex workout and liquidation in bankruptcy of major shipbuilding company, involving unique issues relating to competing claims to partially completed vessels and other work-in-process inventory; secured creditor’s counsel in connection with the successful conclusion of workout in bankruptcy of a waste management and disposal facility; and secured creditor’s counsel in connection with successful conclusion of out-of-court liquidation of a cosmetics company.
- Coordinating counsel for North Texas Super Bowl XLV Host Committee, Inc., in connection with the provision of legal services in support of hosting Super Bowl XLV.
- Pro bono legal counsel in support of a mission and human services program of the North Texas Conference of The United Methodist Church serving an impoverished community of Dallas.
- JD, Texas Tech University, with high honors, Order of the Coif, Texas Tech Law Review, Editorial Board, 1975
- BS, Mechanical Engineering, Texas A&M University, Distinguished Student, 1972
- Member, Business Law Section, State Bar of Texas, Commercial Financial Services Committee, Chairman 1987-1988; 1993-1994
- Member, Texas Association of Bank Counsel
- Member, Dallas Bar Association
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