Alan J. Mogol is a principal with Ober|Kaler and co-chairs the firm’s Finance Group. Alan has over 40 years’ experience in the negotiation and documentation of equipment finance transactions.
Alan handles a variety of single investor and leveraged leases of manufacturing, retail, construction and mining equipment; modular storage facilities; computerized assembly line equipment; over-the-road vehicles; computer systems; medical and other high-technology equipment; corporate and business aircraft; railroad rolling stock; and facility financings (including fuel facilities and manufacturing plants). These transactions include tax-motivated leases, TRAC and split-TRAC leases of vehicles, and leases for security.
He has assisted more than a dozen national equipment financing companies in developing standard lease and syndication documentation, including the implementation of titling trusts. He has established motor vehicle and master aircraft titling trusts with clients to facilitate syndication and to address FAA citizenship issues.
Alan has worked with clients in developing structures for the tax leasing of equipment subject to industrial revenue bond financings and payment in lieu of tax programs.
His experience also includes secured financing transactions, including synthetic leases, working capital lines of credit, inventory and receivables facilities, letter of credit lines, and equipment financing. He has worked with credit enhancements, including guaranties, letters of credit, certificates of deposit, cash collateral, deposit accounts and pledges of certificated and uncertificated securities. Alan views his role in a transaction as a facilitator, not an impediment. Rather than just identifying obstacles, he suggests approaches to address the issues in a manner which protects the interests of his client.
He is a frequent lecturer and author in the equipment financing area.
- American Bar Association
- Section of Corporations, Banking and Business
- Baltimore City Bar Association
- Section of Business Law
- Maryland State Bar Association
- Section of Business Law
- Section Council, past-Chair
- Committee on Uniform Commercial Code, past-Chair
- Equipment Leasing and Finance Association
- Lawyers Committee
- Education Committee
- Maryland Institute of Continuing Professional Education for Lawyers
- Board of Trustees, past-Member
- Transitional Living Council of Central Maryland, Inc.
- Board of Directors, past-Member
- American Bar Association Foundation Inc., Fellow
- Maryland Bar Foundation, Inc., Fellow
- Listed since 2007 in The Best Lawyers in America, Equipment Finance Law Category (Woodward/White, Inc.); named Baltimore Banking and Finance Law "Lawyer of the Year," 2017
- Recipient, Edward A. Groobert Award for Legal Excellence, Equipment Leasing and Finance Association (ELFA), 2016
- Listed in Maryland Super Lawyers for Banking, 2007-2009, 2011
- Listed in Twenty-Five Most Influential Attorneys in Leasing and Finance, Leasing News, 2016
- AV Rated, Martindale-Hubbell
- Author, “Structure and Advantages of a Titling Trust Program,” Ober|Kaler, 2013
- Panelist, “Motor Vehicles,” Legal Forum, Equipment Leasing and Financing Association, 2013
- Presenter, “A Lawyers View of Syndications,” Annual Lessor Resources Showcase, Lessors Network, 2010
- Presenter, “Equipment Finance Syndication Issues,” Equipment Leasing and Finance Association, 2010
- Author, “Taking Another Look at Syndication Risks in the Changed Economy,” Journal of Equipment Lease Financing
- Co-author, “Developments, Risks and Advanced Structures in the Lease Syndication Market,” LJN’s Equipment Leasing Newsletter
- Author, "The Enforceability of Prepayment Premium Provisions," LJN's Equipment Leasing Newsletter
- Author, "Using a Titling Trust to Facilitate Syndication of Motor Vehicle Leases," Equipment Leasing Today
- Co author, “Is a Titling Trust Right for You?” The Monitor
- Co author, “Business Trust Enhances Flexibility in True Lease Transaction Syndications,” Lending & Leasing
- Co-author, “Synthetic Leasing,” Equipment Leasing, Matthew Bender & Company, Inc.
- Author, “Filing UCC Financing Statements under Revised Article 9,” Commercial Lending Review
- Co author, “A Practical Guide to Filing UCCs Under Revised Article 9,” The Monitor
- Co author, “Legal Opinions and Commercial Loan Transactions,” Commercial Finance Guide, Matthew Bender & Company, Inc.
- Author, “Perfecting Security Interests in Treasury Securities,” Lending & Leasing
- Author, “Rule Changes May Have Unraveled Perfected Interests in Treasuries,” The Daily Record
- Author, “What Should be in a Well-Drafted Lease to Protect the Lessor’s Residual Interest,” The Journal of Equipment Lease Financing
- Author, “Insurance Considerations in Secured Lending,” Structuring the Secured Loan Agreement, Warren, Gorham & Lamont, Inc
- Author, “Property and Liability Insurance—Risks in the Current Environment,” The Journal of Equipment Lease Financing
- Author, “Charities to Have Limited Liability Exposure,” The Daily Record
- Lecturer, Equipment Leasing and Finance Association, Lawyers Forum, “Risks and Rewards of Various Approaches to the Syndication of Motor Vehicle Leases”
- Lecturer, Equipment Leasing Association of America, Lawyers Forum, “Proposed Uniform Changes to Article 9 of the Uniform Commercial Code”
- Lecturer, Equipment Leasing Association of America, Lease Operations and Administration Conference, “What the Lease Language Really Means”
- Lecturer, Equipment Leasing Association of America, Lawyers Forum, “Recent Cases Involving the EPA’s ‘Lender Liability Under CERCLA’ Rule”
- Lecturer, Maryland State Bar Association Mid-Year Meeting, “Uniform Commercial Code Revision Project”
- Lecturer, Equipment Leasing Association of America Annual Convention, “Negotiating Lease Documentation”
- Lecturer, Equipment Leasing Association of America National Funding Symposium, “Protecting Lessors, Brokers and Lenders from Themselves: Does Everyone Understand Their Legal Responsibilities and Obligations”
- Lecturer, Equipment Leasing Association of America Eastern Regional Conference, “Protecting Lessors, Brokers and Lenders from Themselves: Does Everyone Understand Their Legal Responsibilities and Obligations”
- Lecturer, Equipment Leasing Association of America Legal Forum, “The Ten Most Important Documentation Issues”
- Lecturer, Equipment Leasing Association of America quarterly presentation of Principles of Leasing Workshop
- Lecturer, Maryland Institute of Continuing Professional Education for Lawyers, “Fundamentals of Corporate Practice”
- Lecturer, Equipment Leasing Association of America Eastern Regional Conference, “Emerging Issues in Lease Documentation—Article 2A-Leases”
- Lecturer, Equipment Leasing Association of America Legal Forum, “Emerging Issues in Lease Documentation”