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Joshua M. Kerstein

Partner

Joshua focuses his practice on corporate finance, securities, securitizations and structured finance.

Joshua is a partner in the corporate department of Kutak Rock LLP’s Denver office. He focuses his practice on the representation of issuers, borrowers, banks, private equity and other asset funds and financial intermediaries in structured finance, securitization, forward-flow purchase, secured and warehouse lending, project finance and other capital market financing transactions. He has extensive experience in structuring, documenting and negotiating financings, acquisitions and dispositions of consumer loans and receivables, including federally guaranteed (FFELP) student loans, private student loans, personal loans (marketplace lending loans), automobile loans and leases, equipment loans and leases and other asset classes. Joshua also advises clients on reporting and disclosure matters under the securities laws. With his depth and breadth of experience on complex transactions and his emphasis on pragmatic and solution oriented guidance, Joshua has produced favorable results for his clients for over 25 years.

  • Represents issuers, borrowers, banks, private equity and other asset funds and financial intermediaries in structuring and documenting securitization, credit facilities and other structured finance transactions secured by various assets classes such as guaranteed (FFELP) student loans, private student loans, personal loans (marketplace lending loans), automobile loans and leases, equipment loans and leases, dealer-contracts, insurance premium loans, life settlements and other emerging asset classes.
  • Counsel to originators, sellers, servicers and purchasers in documenting and negotiating forward-flow purchase agreements for various cash-flowing assets.
  • Represents clients in public and private debt and equity securities offerings, secured and unsecured credit facilities and conduit financings and other capital-raising transactions. 
  • Advises clients on compliance, registration, reporting and disclosure requirements under the securities laws. 
  • Represents investment banks and issuers in various restructuring or refinancing transactions and related consent solicitations, tender or exchange offers.
  • Counsel to clients in structuring and documenting EB-5 securities offerings, military housing financings and Native American debt financings.
  • Counsel to the sponsor and issuer in the first $5 billion secured liquidity note (commercial paper) conduit facility secured by student loans. 
  • Counsel clients in various project-based financings such as golf-courses, hotels, casinos and retail stores.