C. David McDaniel

(501) 975-3138
Partner
(501) 975-3001 Fax
David.McDaniel@KutakRock.com

David McDaniel regularly represents publicly traded and privately held companies across multiple industries in various capital markets, transactional and compliance matters, including public and private offerings of equity and debt securities, mergers, acquisitions, divestitures and joint ventures. Mr. McDaniel has extensive experience in the preparation of registration statements under the Securities Act of 1933 and filings under the Securities Exchange Act of 1934 and counsels multiple public companies with respect to corporate governance matters and general securities law compliance. In addition, Mr. McDaniel regularly advises community banks with regard to regulatory, capital and transactional matters. He has been recognized as a Mid-South Rising Star in the field of Securities and Corporate Finance by Super Lawyers®.

Representative Experience

Representation of clients in connection with mergers, acquisitions and divestitures, including:

  • Bank of the Ozarks, Inc.'s (NASDAQ):
    • $402.5 million acquisition of C1 Financial, Inc. (NYSE) and C1 Bank.
    • $800 million acquisition of Community and Southern Holdings, Inc. and Community and Southern Bank.
    • $64.7 million acquisition of Bank of the Carolina Corporation and Bank of the Carolinas.
    • $228.5 million acquisition of Intervest Bancshares Corporation (NASDAQ) and Intervest National Bank.
    • $216 million acquisition of Summit Bancorp, Inc. and Summit Bank.
    • $21.5 million acquisition of Bancshares, Inc. and OMNIBANK, N.A.
    • $68.5 million acquisition of First National Bank of Shelby.
    • $27.5 million acquisition of Genala Banc, Inc. and the Citizens Bank.
  • Bear State Financial, Inc’s (NASDAQ):
    • $70 million acquisition of Metropolitan National Bank.
    • $124.4 million acquisition of First National Security Company, First National Bank and Heritage Bank.
  • Bear State Financial Holdings, LLC’s $55 million acquisition of a controlling interest in First Federal Bancshares of Arkansas, Inc. (NASDAQ).
    • Impact Telecom's merger with an affiliate of Garrison Investment Group. 
    • Impact Telecom’s acquisition of Matrix Telecom.

Representation of issuers, underwriters and placement agents with respect to public and private offerings of equity and debt securities, including:

  • $225 million registered offering of 5.50% Fixed-to-Floating Rate Subordinated Notes due 2026 by Bank of the Ozarks, Inc. (Issuer counsel).
  • $110 million registered direct offering of common stock by Bank of the Ozarks, Inc. (Issuer counsel).
  • $50 million private offering of limited partnership interests in a real estate fund (Placement Agent counsel).
  • $1.11 billion registered exchange offer of 8.25% Senior Notes due 2023 by Communications Sales & Leasing, Inc. (Issuer counsel).
  • $500 million registered exchange offer of 7.75% Senior Notes due 2021 by Windstream Corporation (Issuer counsel).
  • $500 million registered exchange offer of 7.50% Senior Notes due 2022 by Windstream Corporation (Issuer Counsel).
  •  $600 million registered exchange offer of 7.50% Senior Notes due 2023 by Windstream Corporation (Issuer Counsel).
  • $20 million private placement of common stock for a Kansas-based bank holding company (Issuer counsel).
  • $600 million registered offering of 7.875% Notes due 2013 by Block Financial LLC (Issuer counsel).

Representation of startup and mid-stage companies, as well as seed-level, angel and venture capital investors with respect to early stage and follow-on equity and debt financings, including:

  • $3 million private placement of Series A-1 Preferred Stock by a marketing data company (Investor counsel).
  • $4 million mezzanine financing for a pharmacy benefits risk management company, consisting of $2 million in equity membership interests and $2 million in 12% Senior Secured Subordinated Notes (Issuer counsel).
  • $9 million private placement of Series B Preferred Stock by a nanotechnology company (Investor counsel).
  • $1 million private placement of Class B Membership Units by a medical diagnostic company (Investor counsel).
  • $1.75 million equipment financing for a clean-tech consumer products manufacturer, consisting of 15% Senior Secured Convertible Notes (Investor counsel).
  • $4.75 million private placement of Series A Preferred Stock by a crop technology company (Investor counsel).

Representation of publicly held companies with respect to general compliance, registration and reporting under the Securities Act of 1933, the Securities Exchange Act of 1934, the Sarbanes-Oxley Act of 2002 and the Dodd-Frank Wall Street Reform and Consumer Protection Act, and with respect to general compliance under listing rules and regulations, including corporate governance rules, promulgated by various securities exchanges such as NASDAQ and NYSE.