Mark K. Googins has concentrated his practice in the areas of commercial finance and commercial transactions for the past 35 years. He counsels clients in mergers and acquisitions, in complex commercial negotiations, and in a wide variety of lending transactions, including equipment leasing, leveraged buyouts and sale-leasebacks. Mark is the co-author of the Maine Commercial Lending Handbook (Tower Publishing 2011). He is a member of the American Bar Association, the New York State Bar Association and the Maine State Bar Association. Before joining Verrill Dana, Mark practiced at Milbank, Tweed, Hadley & McCloy in New York.
Among the more notable merger and acquisition transactions for which Mark has served as lead counsel are Legacy Supply Chain Services' acquisition of the Supply Chain Operations Division of Vitran Corporation, the acquisition of the assets of the Hathaway Shirt Division from WARNACO on behalf of an investor group led by former Governor John R. McKernan, Jr., the sale of one of the country's top health care consulting groups, the sale of one of the country's leading hydropower consulting groups, the acquisition of the assets of a cellular telephone company, the development and eventual merger of the Fresh Samantha juice company, and the sale of the U.S. and Canadian electric generating assets of a Maine-based public utility.
Mark also frequently acts as local counsel in mergers and acquisitions. He has served as local counsel in the negotiation of the acquisition of a major hydroelectric facility, the acquisition of a pulp mill and related energy assets, the acquisition of a home health care business and the sale of an educational institution.
Mark also serves as primary outside legal counsel to a number of small and medium sized businesses that do not have in-house counsel. These businesses are in a wide variety of fields including pulp and tissue manufacturing, craft beer, payroll processing, trucking, garden products, scrap metal recycling, design and marketing, publishing, software, food distribution and alternative energy.
Mark also represents lenders and borrowers in commercial loan transactions. These transactions have included: representing the borrower in the acquisition of over 300,000 acres of timberland, representing the borrower in the financing for a major forest products enterprise, representing the borrower in the refinancing of an owner occupied medical office building, representing the lender in an equipment lease financing, representing the lender to a regulated public utility and representing the lender in a line of credit and term loan facility for a distributorship business. He has also negotiated numerous workout agreements, on behalf of lenders and borrowers, in the context of non-performing and troubled loans.
Mark handles complex commercial negotiations, and has negotiated environmental risk transfer agreements, marketing services agreements and interim management agreements. Mark worked closely with the Penobscot River Restoration Trust in the negotiation and implementation of the Lower Penobscot River Option Agreement, the first transaction of its kind in the U.S. The Option Agreement allowed the Trust to acquire three hydro-electric facilities on the Penobscot River as part of a complex multi-party arrangement.
Mark has also assisted Verrill Dana’s Bankruptcy Group in the sale of assets out of bankruptcy, including the sale of Jackson Brook Institute, a critical care mental health hospital, the sale of the Bangor & Aroostook Railroad and the sale of the heating oil and convenience store assets of the M.W. Sewall Company.