Mark Mushkin

Partner

New York

Mark Mushkin is a partner in Orrick’s Capital Markets Practice. He advises public and late-stage private companies on a range of capital markets and M&A transactions.

Mark counsels clients on access to the U.S. public markets, including advising on registered and 144A/Reg S debt and equity offerings, IPOs, private placement transactions and general securities law matters. He also provides counsel to underwriters and issuers on various offerings.

He also represents clients on public and private acquisitions, mergers and divestitures, private equity transactions, strategic investments, joint venture disputes, long-term commercial arrangements and general corporate matters, as well as advising financial institutions in negotiating credit facilities with investment grade and non-investment grade borrowers.

  • Mark’s recent engagements include acting for:

    • various direct and alternative lending funds relating to convertible debt arrangements and equity participation rights in connection with lending activities by such entities
    • BuzzFeed, Inc. (f/k/a 890 5th Avenue Partners, Inc.) in connection with its issuance of $150 million of senior convertible notes due 2026, including customary high yield covenants and related terms
    • Salem Media Group, Inc. in connection with its refinancing of $112.8 million of senior secured notes due 2024 with the issuance of a new series of 7.125% senior secured notes due 2028
    • Lilium N.V., in connection with the consummation of its de-SPAC transaction with Qell Acquisition Corp. and its post-closing securities filings and resale shelf registration statement
    • the underwriters in connection with the issuance of $1.35 billion of 4.7% fixed-rate reset non-cumulative perpetual preferred stock by Ally Financial
    • Luminar Technologies Inc. in connection with an underwritten secondary block trade of 9,000,000 shares of Luminar Class A common stock by a selling securityholder
    • Volta Inc. in connection with the consummation of its de-SPAC transaction with Tortoise Acquisition Corp. II
    • the initial purchasers in connection with the $150 million 144A convertible senior notes offering of Eventbrite, Inc.
    • the underwriters in connection with the debut 144A green bond offering of $600 million senior notes by Liberty Utilities, a subsidiary of Algonquin Power & Utilities Corp
    • the underwriters in connection with the C$632.62 million primary common stock offering of Algonquin Power & Utilities Corp.
    • letgo, a subsidiary of OLX Group, in connection with the combination of its U.S. online classifieds business with OfferUp
    • the initial purchasers in connection with the $2.25 billion Rule 144A/Reg. S high‑yield senior secured notes offering of Uniti Group LP
    • Buckeye Partners, L.P. in connection with its acquisition by the IFM Global Infrastructure Fund
    • Novartis AG in its spin-off of the Alcon eye care devices business into a separately-traded standalone company
    • Orbotech Ltd. in connection with its acquisition by KLA-Tencor Corporation
    • Jose Cuervo in connection with its acquisition of the Pendleton Whisky brand assets from Hood River Distillers, Inc.
    • the underwriters in connection with the €2.7 billion registered fixed and floating rate notes offering of Allergan Funding SCS, an indirect subsidiary of Allergan plc
    • the underwriters in connection with the $700 million registered debt offering and $460 million registered common stock offering of Keysight Technologies, Inc.
    • the underwriters in connection with the $982 million initial public offering of common shares of Ferrari N.V. on the New York Stock Exchange.
    • the initial purchasers in connection with the $3 billion 144A/Reg. S high-yield senior debt offering of Fiat Chrysler Automobiles N.V.