Maureen L. McCluskey

Areas of Practice

• Corporate Law
• Mergers and Acquisitions
• Commercial Finance
• Healthcare Finance
• Private Equity
• Venture Capital

Representative Matters

Healthcare Financing

• Represented Popular Bank, as agent and lead lender, in a $105 million syndicated term loan to a REIT based in New York in connection with the refinancing of twenty-one skilled nursing home facilities in Kentucky, Ohio, Illinois and Michigan.

• Represented Metropolitan Commercial Bank as a lender in a $90 million syndicated term loan acquisition financing for nine skilled nursing home facilities located in Florida, and also represented Metropolitan Commercial Bank in its capacity as mezzanine lender and working capital lender in connection with a $10 million mezzanine loan used to finance the acquisition and a $14 million revolving loan used to finance the working capital needs of the operators for the nine skilled nursing homes.

• Represented Metropolitan Commercial Bank as agent and lender in $33.5 million term loan acquisition financing for medical labs in Florida.

• Represented Metropolitan Commercial Bank as agent and lender in $19 million bridge-to-HUD term loan and $3 million revolving loan acquisition financing for five skilled nursing home facilities in Ohio.

• Represented Metropolitan Commercial Bank as agent and lender in $18 million term loan and revolving loan acquisition financing transaction, including mezzanine financing, in connection with the acquisition of a skilled nursing home facility in New Jersey.

• Represented Metropolitan Commercial Bank as agent and lender in $48 million term loan acquisition financing for five skilled nursing facilities in Florida, which also included a $3 million revolving loan from Metropolitan Commercial Bank in its capacity as working capital lender, and a mezzanine loan from a financial institution.

• Represented Bankwell Bank, as agent and lender, in an acquisition financing transaction which consisted of (i) a $17 million term loan secured by a mortgage in Ohio, and (ii) a term loan, a capital expenditures loan and a revolving credit facility for the operation and capital expenditures of the skilled nursing home and assisted living facility located on the property.

• Represented Bankwell Bank, as agent and lender, in an acquisition financing transaction which consisted of (i) a $9 million term loan secured by a mortgage in Alabama, and (ii) a a capital expenditures loan and a revolving credit facility for the operation and capital expenditures of the skilled nursing home and assisted living facility located on the property.

• Represented BankUnited, N.A. as agent and lead lender in a $88 million syndicated acquisition financing for five skilled nursing home facilities in Pennsylvania and New Jersey.

• Represented Wells Fargo Bank, N.A. as lender in a secured financing transaction of $60 million for over 80 skilled nursing home facilities located on the west coast.

• Represented CIBC Bank USA in a $47 million construction loan for a skilled nursing home facility located in Eugene, Oregon.

• Represented CIBC Bank USA as agent and lead lender in a $60 million syndicated acquisition financing for over 30 skilled nursing home facilities in Tennessee and Kentucky.

• Represented CIBC Bank USA as lender in a secured financing transaction of $33 million for skilled nursing homes and assisted living facilities in Minnesota.

• Represented CIBC Bank USA as agent and lead lender in $5 million syndicated revolving loan transaction for skilled nursing facilities in Texas involving QIPP payments and a HUD term loan.

• Represented CIBC Bank USA as lender in $5.3 million bridge-to-HUD term loan and $1.5 million revolving loan for skilled nursing home facility in New Jersey and in connection with the related HUD refinancing.

• Represented a large national bank as agent and lender in a $15 million financing transaction for several skilled nursing home facilities located in California.

• Represented Popular Bank as agent and lender in an acquisition financing of more than $20 million to a skilled nursing facility in Florida.

• Represented Popular Bank, as agent and lead lender, in a $30 million syndicated acquisition financing for skilled nursing homes and assisted living facilities in New York.

Specialty Lending – Warehouse Loans; Recurring Revenue Transactions and Cross-Border Financing

• Represented CIBC Bank USA as agent and lead lender in $250 million syndicated warehouse line of credit to asset management firm specializing in direct lending to the lower middle market seniors housing and care industry.

• Represented CIBC Bank USA as agent and lender in a $50 million warehouse line of credit to CNH Finance, an asset based lender.

• Represented CIBC Bank USA as agent and lender in a $40 million warehouse line of credit to Lancaster Pollard, a provider of integrated investment banking, mortgage banking, balance sheet lending and private equity services.

• Represented CIBC Bank USA as lender in a secured recurring revenue financing transaction to Bounteous (formerly HS2 Solutions), a technology services firm.

• Represented Sterling National Bank (NKA Webster Bank, National Association) as agent and lender in a $40 million secured private equity sponsor led recurring revenue financing transaction to a SAAS company engaged in the business of workforce communication, productivity and management.

• Represented Sterling National Bank (NKA Webster Bank, National Association) as agent and lead lender in a $55 million syndicated secured recurring revenue financing transaction to a software development company, which included cross-border financing to entities formed in Canada, England, Ireland and Dubai.

• Represented Sterling National Bank (NKA Webster Bank, National Association) as agent and lender in a $35 million secured private equity sponsor led recurring revenue financing transaction to a SAAS company engaged in providing supply chain planning and pricing optimization solutions, which included cross-border financing to entities formed in Norway.

• Represented Sterling National Bank (NKA Webster Bank, National Association) as agent and lender in a $20 million secured private equity sponsor led recurring revenue financing transaction to a SAAS company engaged in providing supply chain planning and pricing optimization solutions, which included cross-border financing to entities formed in Germany and the UK.

Private Equity Sponsor-Led Financings and Venture Capital Investments

• Represented a private credit lender, as administrative agent and lender, in connection with a $100 million debt financing to a telecommunications company, consisting of a $60 million term loan facility and a $40 million delayed draw term loan facility.

• Represented Stonegate Capital Holdings, LLC, an asset based lender, as borrower under two loan facilities totaling over $45 million from Citizens Bank, N.A. and Signature Bank in connection with an $18.5 million private equity investment from Virgo Investment Group.

• Represented the agent and lead lender in a syndicated senior credit facility in support of Invus’ acquisition of Ashley Stewart, a plus- size fashion leader.

• Represented a national bank as administrative agent and lead lender in a $61 million syndicated secured financing to a Midwest-based customer-communications provider for businesses and nonprofit organizations using print and digital media.

• Represented Wintrust Bank, N.A. as lender in a $20 million secured financing to a transportation service company.

• Represented Wintrust Bank, N.A. as agent and lender in a $40.5 million secured financing to a diagnostic and therapeutic solutions company.

• Represented Byline Bank as agent and lead lender in a $27 million acquisition financing, including mezz financing, to Rhino Assembly Corporation, a manufacturing company of power-driven hand tools.

• Represented Byline Bank as agent and lead lender in a $20 million acquisition financing, including mezzanine financing, to Gamma Aerospace LLC, leading manufacturer of complex airframe and structural components for the premier aircraft manufacturers and tier-1 suppliers in the aerospace industry.

• Represented Wintrust Ventures in several venture debt transactions (several including obtainment of warrants) to various venture capital backed companies.

• Represented Wintrust Financial Corporation in several venture capital investments in start-up companies at the Series Seed through A-1 rounds.

Admissions

• Illinois

Education

• Notre Dame Law School, J.D., cum laude, 2014
  - Executive Managing Editor, Journal of Law, Ethics and Public Policy
• Franklin & Marshall College, B.A., magna cum laude, 2011

Experience

• Duane Morris LLP
  - Partner, 2023-present
  - Associate, 2016-2022
• Vedder Price P.C.
  - Associate, 2014-2015

Honors and Awards

• Named to Best Lawyers "Ones to Watch," 2021-2025

Civic and Charitable Activities

• Event Chair and Co-President of the Junior Board for Children’s Place Association, 2017-2022

Selected Publications

• Co-author, "Illinois Slides Backward on Unclaimed Property Law," State Tax Notes, September 18, 2017; Tax Trends, December 2017

Selected Speaking Engagements

• Presenter, "Healthcare Financing Transactions 101," Strafford Webinar, May 10, 2023
• Presenter, "Healthcare Finance Transactions: Documentation; Perfecting UCC Interests in Commercial and Governmental Receivables," Strafford Webinar, May 10, 2023
• Organizer and Presenter, "Negotiating and Documenting Loan Agreements," Lincoln International LLC, February 6, 2019