Jim Schulwolf represents senior and mezzanine lenders, venture capital investors (including SBIC’s), private equity funds, hedge funds, emerging growth companies and private companies in financing, investment, leasing, acquisition, corporate, licensing and restructuring transactions. Jim regularly advises these clients with respect to structuring, negotiating, and closing complex transactions. Jim also regularly advises clients with respect to distressed investments and the restructuring of existing investments and loans. In addition, Jim advises clients, including municipalities, universities, and non-profit entities with regard to interest-rate swaps and hedging transactions. Jim is the Chair of the Commercial Finance Committee of the American Bar Association's Business Law Section and is a member of the Connecticut Law Revision Commission Advisory Committee on 2010 Amendments to Revised Article 9.
Jim’s experience includes the representation of senior lenders in complex commercial, asset-based, and acquisition financings; mezzanine lenders and hedge funds; SBIC’s and venture capital funds; emerging growth companies; hedge fund, buyers, sellers and sponsors; and nanotechnology companies in corporate, licensing, joint venture, and capital raising activities.
Jim is a recognized authority on drafting and negotiating intercreditor and subordination agreements on behalf of senior and subordinate lenders and is the author of “Controlling Your Destiny-Key Issues in Subordination and Intercreditor Agreements”, The Secured Lender (1995). He also deals extensively with family-owned businesses and is the author of "Financing the Family-Owned Business," The Secured Lender (2002).
Jim lectures frequently on issues relating to commercial and real estate lending, intercreditor issues, venture finance, and venture capital investment.
- AV Peer Review Rated, Martindale-Hubbell
- Listed as a Connecticut Super Lawyer®: Business/Corporate, Banking, Mergers & Acquisitions; 2006-2012
- Listed in The Best Lawyers in America®: Banking and Finance Law, Equipment Finance Law; 2005-2012
- Fellow (1998-present) and Member of the Board of Regents (2005-2009), American College of Commercial Finance Lawyers
- Connecticut Bar Foundation James W. Cooper Fellow
- American Bar Association: Commercial Finance Committee: Chair (August 2010-Present), Vice Chair (2007-2010), Co-Chair, Subcommittee on Programs (2003-2007); Co-Chair, Subcommittee on Intellectual Property Financing (1997-2002); Committee on Uniform Commercial Code; Regional Coordinator, Joint ABA/NCCUSL National Task Force for the Enactment of Revised Article 9; Member, Connecticut Revised Article 9 Task Force (2000-2001), Member, Connecticut Law Revision Commission Advisory Committee on 2010 Amendments to UCC Article 9 (2010)
- Connecticut Venture Group: President, Hartford Chapter (2003-2008); Member, State Board of Directors
- Turnaround Management Association, Connecticut Chapter: Board of Directors
- Association of Commercial Finance Attorneys
- Amherst Association of Connecticut
- Town of West Hartford: coach, youth soccer and baseball
- Solomon Schechter Day School of Greater Hartford: Permanent Board Member; Former President and Board Chair
- Leadership Greater Hartford
Single LP Venture Capital Fund
Represent investment management firm in connection with formation of bespoke investment vehicle for family office investors seeking to invest in technology companies, including the preparation of a limited partnership agreement, negotiation of terms with limited partners, preparation of general partner limited liability company agreement, and advice on securities compliance.
Mezzanine Financing
Representation of a privately-held manufacturing company in connection with the offer and sale to a group of investors of (i) 15% senior subordinated promissory notes in the aggregate principal amount of $12,000,000 and (ii) warrants to purchase approximately 30% of the outstanding units of membership interests of the company on a fully diluted basis after giving effect to the transaction. The senior subordinated promissory notes were subordinate in right of payment and security to a senior facility provided by a U.S. financial institution. The notes were secured by: (i) a second lien on, and security interest in, all of the assets of the company; and (ii) subject to the rights of the senior debt lender under its senior pledge agreement, the pledge of all the equity interests of the company's U.S. subsidiaries.
Simultaneous with the mezzanine financing, the company (1) amended its agreement with its senior debt lender; (2) transferred all of its assets and liabilities to a Delaware limited liability company; and (3) effected a reorganization of its corporate structure, including all of its U.S. and foreign subsidiaries.