Jason I. Miller
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Jason Miller concentrates his practice in the area of commercial finance, with a particular focus on asset-based and cash-flow financing. Mr. Miller represents many leading institutional lenders, including major national and international commercial banks, finance subsidiaries of banks, private equity groups, mezzanine lenders and independent factors and finance companies in areas such as:
- cash flow lending and asset-based financing
- acquisition financing
- split collateral, first lien/second lien and mezzanine financing
- loan syndications and participations
- loan restructurings and workouts
- debtor-in-possession financing
A frequent author and lecturer, Part of I of Mr. Miller’s most recent article, “Refinancing the Borrower Through an Assignment and Assumption: When, Why and How,” appeared in the May 2017 issue of The Secured Lender. Part II is forthcoming in the October issue. Mr. Miller’s other recent articles and speaking engagements are listed below.
Mr. Miller was named by Super Lawyers as a New York “Rising Star,” 2014–2016.
While attending law school, Mr. Miller was Managing Editor of the Hofstra Law Review and authored “Don’t Be Evil: Gmail’s Relevant Text Advertisements Violate Google’s Own Motto and Your E-mail Privacy Rights,” 33 Hofstra Law Review 1607 (2005). Mr. Miller also served as an intern to the Honorable Arthur D. Spatt, U.S. District Court for the Eastern District of New York.
- Agent and bank syndicate member in a $50 million term loan and revolving credit facility in conjunction with the acquisition of a leading industrial services company.
- Healthcare finance subsidiary of national bank and syndicate member in a $600 million term loan and revolving credit facility to an award-winning hospital management company operating 43 acute care hospitals in 14 states with nearly 43,000 employees and staff.
- Agent and bank syndicate member in a $27 million term loan and revolving credit facility in conjunction with the acquisition of a Florida sawmill and producer/seller of mulch, soils, bark, and fire wood.
- National bank in a $20 million revolving credit facility to the largest environmental cleaning services company in the Gulf States.
- U.S. subsidiary of an Israeli bank, as agent and syndicate member in a $14 million mortgage loan facility to an owner-operator of commercial real estate.
- Independent commercial finance company in 14 different asset-based revolving credit and term loan facilities, in an aggregate amount of over $140 million.
- National specialty finance company in a $43 million term loan and revolving credit facility to a nationally renowned full-service laboratory specializing in uropathology.
- NASDAQ-listed independent oil and gas exploration company in a $300 million term loan and revolving credit facility with an Australian bank.
- Dedicated fund and lender of “mezzanine” bridge financing and subordinated debt in $6.5 million term loan to an industry leading manufacturer of premium, organic pet food.
- Alternative lender specializing in residual and cash flow loans to the lower middle market in a $1.25 million second lien seasonal over-advance line to complement a separate working capital lender’s ABL facility.
Recent Publications and Speaking Engagements
- “Refinancing the Borrower Through an Assignment and Assumption: When, Why and How (Part II of II),” The Secured Lender (forthcoming October, 2017)
- “Refinancing the Borrower Through an Assignment and Assumption: When, Why and How (Part I of II),” The Secured Lender (May 2017)
- UCC-3 Amendments and Termination Statements – Avoiding Loss of Lien Perfection or Priority, Strafford CLE Program Instructor (February, 2017)
- “‘All Assets’ is the Key When Drafting UCC-1 Financing Statement Collateral Descriptions,” Commercial Finance Association Blog and TSL Express (January 30, 2017)
- UCC-3 Amendments and Termination Statements – Avoiding Loss of Lien Perfection or Priority, Strafford CLE Program Instructor (August, 2016)
- Commercial Finance Association (CFA) Loan Documentation Workshop, Instructor (December 2015)
- “‘Loss Payee’ v. ‘Lender Loss Payee:’ How the Difference of One Word Can Prevent a Secured Lender’s Recovery on Insurance Proceeds,” The Secured Lender (May 2014) and the Commercial Finance Association Blog (February 2014)
- “Exit Lenders Accept Distributions in Contravention of Credit Agreement and are Held Liable for Conversion,” Blank Rome Commercial Finance Alert (August 2013)
- “So You Thought You Had A Priority Lien . . . Unauthorized UCC Terminations May Extinguish Secured Lenders’ Liens,” The Secured Lender (May 2011)
COMMUNITY SERVICE & AFFILIATIONS
Mr. Miller is a leader at Blank Rome in providing pro bono service. He sits on the New York office’s pro bono committee and is the recipient of the 2014 Blank Rome Pro Bono Hero Award.
Mr. Miller is pro bono counsel to Fabulous and Fighting, Inc., a New York non-profit charity that collaborates with the fashion industry to donate clothing and accessories to cancer patients undergoing treatment. He was recognized in Forbes and Women’s Health for his work. He has provided pro bono legal services to local independent filmmakers through his work with Volunteer Lawyers for the Arts, helped Holocaust survivors through the German government’s ZRBG Reparations Program, and often participates in the New York City Bar Justice Center’s Neighborhood Entrepreneur Legal Project.
Mr. Miller serves on the LIU Post Alumni Association Board of Directors, the Board of New York Banking & Finance, and the Associate Board of Water Collective, a charity committed to bringing water independence to Africa and India.