Overview

David Cole is a partner with Holland & Knight’s corporate and securities groups. He assists public and private companies to complete domestic and overseas merger, acquisition and divestiture transactions; raise equity and debt capital in public and private securities offerings; and obtain financing through private equity and venture capital investments. Mr. Cole also assists funds to acquire and divest portfolio companies, and he represents borrowers and lenders in connection with senior credit facilities and other debt financing. Mr. Cole has closed more than $2 billion worth of debt capital and other securities offerings.

Mr. Cole has helped companies acquire and sell businesses in the government contractor, information technology, electronics, SaaS, automotive, clean-tech, renewable energy, chemical, retail and media industries; conducted public offerings for financial services, technology, and energy companies, government contractors, real estate investment trusts (REITs), natural resource extractors and manufacturers; and represented lead arrangers of syndicated credit facilities and borrowers in the same industries. Mr. Cole also leads the firm's Korea practice. He previously acted as in-house counsel for the NHL's Buffalo Sabres.

Representative Transactions

  • Alion Science and Technology Corporation: $630 million Form S-1 registered exchange offer, first and second lien term loan agreements and revolving credit agreement
  • Alion Science and Technology Corporation: $310 million 144A high yield senior secured notes and warrants offering, new senior secured revolving credit facility, discharge of existing senior debt and redemption of junior subordinated notes and warrants
  • Alion Science and Technology Corporation: Form S-4 registered exchange offer for high yield notes and warrants
  • Alion Science and Technology Corporation: $250 million 144A high yield unsecured notes offering coupled with an Exxon-Capital Exchange offer registered on Form S-4
  • Emergent Capital Inc.: Form S-1 resale registration statement for $79 million senior unsecured convertible notes due 2023, Schedule TO offer to exchange $75 million senior unsecured notes due 2019 and 40 million common share rights offering
  • JP Morgan: senior secured revolving credit agreement and tender offer for common stock of Rand Worldwide, Inc.
  • JP Morgan: senior secured revolving credit facility for software outsourcing company
  • Audi AG: multimillion-dollar early stage investment and joint venture in MA based helioculture biofuels company
  • Audi AG: lead strategic investment in mobility service provider
  • Volkswagen Group of America, Inc: launch outsourcing of on-demand rental car business
  • Computer Sciences Corporation (NYSE; CSC): Acquisition of Fruition Partners, a SAAS market leader
  • The KEYW Holding Corporation (NASDAQ; KEYW): $135 million term loan and revolving credit facility and $100 million underwritten secondary offering registered on Form S-3
  • STG Group, Inc. (NASDAQ: STGG): SPAC acquisition by Global Defense & National Security Systems, Inc. (NASDAQ: GDEF) and acquisition finance via $87.75 million term loan and $15 million ABL revolver
  • Phacil, Inc.: $33.5 million senior secured credit facility arranged by JP Morgan
  • Fulcrum IT Services: multitranche acquisition finance term loan and revolving credit facility underwritten by Citizens Bank 
  • Iron Bow Technologies: Rule 14E issuer self-tender offer
  • Iron Bow Technologies: LBO acquisition of leading technology reseller
  • Sotera Defense Solutions, Inc.: tax-free internal reorganization
  • Sotera Defense Solutions, Inc.: sale of engineered solutions government contracting business  
  • Bridgestone: tax-free reorganization
  • XeDAR (XDRC): sale via public company merger with IHS, Inc. (NYSE, IHS)
  • XeDAR: sale of DOD government contractor to FedCap Partners
  • Sale of privately held government contractor to Florida-based private equity firm
  • Syndicated $500 million first lien term loan and revolving credit facility and $120 million second lien term loan to recapitalize manufacturer and provide levered dividend to New England private equity fund
  • Oxford Risk Management: 50 state private placement for novel offshore group captive insurance structure
  • Underwriter representation in initial public offering in Canada, equity 144A offering in the U.S., and multijurisdictional private placement of common shares of satellite integrator involving roll-up of two U.S. based integrators and IT government contractors
  • Initial public offering on Form S-11 of an AMEX listed REIT and follow-on senior credit facility
  • Exchange offer for 144A high yield notes and reorganization of principal cable operator in Poland
  • Multijurisdictional public offering of common stock and convertible notes of AMEX and TSX listed foreign private issuer using accelerated SEC registration on Form F-10
  • Senior credit facility for multi-city home health care institution
  • Issue of two tranches of bonds for Korean thin film LCD manufacturer to finance partnership with large Korean television manufacturer
  • Tender offer takeover attempt of NYSE listed thrift
  • Strategic alliance and investment in a micro-organism based biodiesel manufacturer
  • Private placement of debt, stock and warrants for cleantech company operating in Brazil and U.S.
  • Private placement for volumetric radiology centers
  • Private placement for medical device manufacturer relating to dermal imaging
  • Sale of intelligence government contractor to multinational defense contractor
  • Acquisition of common stock of a coal-fired power plant in the Philippines by Korean power company via competitive auction
  • Acquisition of hospitality institution in Dubai
  • Acquisition by Italian coffee company of one of North America’s oldest ground coffee labels
  • Private equity sponsor investment in an initial public offering and senior credit facility for Canadian mining company
  • Private equity investment in pharmaceutical company
  • Multiple divestitures of German specialized chemical businesses
  • Acquisition of computer hardware manufacturer by London Stock Exchange listed company
  • Acquisition by German manufacturer of U.S. market leader in battery labels
  • Acquisition of leading Hollywood computer generated animation and special effects movie studio
  • Tax-free internal reorganization for pharmaceutical company
  • Application for U.S. federal loan guarantee by publicly traded poultry company

In the community, Mr. Cole is a board member for the Chesapeake Crescent Initiative and serves as a coach to a travel youth hockey team in Rockville, Md.

Experience

Credentials

Education
  • The George Washington University Law School, J.D., with honors, Trial Advocacy
  • University of Rochester, B.A., cum laude
Bar Admissions/Licenses
  • District of Columbia
  • New York
  • Virginia
Memberships
  • American Bar Association
  • New York State Bar Association
  • District of Columbia Bar
  • Virginia State Bar
Honors & Awards
  • Client Service All-Star, The BTI Consulting Group, Inc., 2015

Publications

Speaking Engagements

News