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Scott J. Borth

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Profile photo for Scott J. Borth
Partner

Scott J. Borth

Scott is a seasoned finance lawyer who advises clients across a wide range of industries and transactions.

Scott Borth represents banks, financial institutions, and other institutional lenders in all aspects of commercial finance, real estate finance, and asset-based finance transactions. Scott regularly advises lenders on senior secured credit facilities, real estate mortgage loans, construction loans, syndications and participations, leveraged buyouts, and other related matters. His experience spans industries including healthcare, media and communications, hospitality, agriculture, technology, and intellectual property.

Education & Credentials

Education

  • University of Washington School of Law, J.D., Editor, Washington Law Review, 1983
  • Washington State University, B.A., Economics, summa cum laude, Phi Beta Kappa,  , 1980

Bar and Court Admissions

  • Washington

Related Employment

  • Miller, Nash, Wiener, Hager & Carlsen LLP, Seattle, WA, Partner, 1992-1996; Associate, 1987-1991
  • Merkle, Caine, Donohue, Jory & Duvall, Seattle, WA, Associate, 1985-1987
  • Sax and MacIver, Seattle, WA, Associate, 1983-1985

Professional Recognition

  • Ranked by Chambers USA as “America’s Leading Lawyer” for Banking & Finance, 2023-2024

  • Named "Banking and Finance Law Lawyer of the Year" by Best Lawyers in America, 2023

  • Listed in Best Lawyers in America: Banking and Finance Law, 2010-2024

Impact

Professional Leadership

  • American Bar Association, Section of Business Law, Commercial Financial Services Committee, Loan Documentation Subcommittee Member, 1995-present
  • Washington State Bar Association, Business and Real Property Law Sections
  • King County Bar Association
  • American Land Title Association, Lenders’ Counsel Group, 2000-present

Professional Experience

Commercial Finance

Credit Facilities - Seattle Mariners

Represented Seattle Mariners (The Baseball Club of Seattle LLLP) in Major League Baseball credit facility and related credit facilities with syndicate of lenders.

New Market Tax Credit ("NMTC")

Represented leverage lenders in NMTC transactions to finance construction of energy efficient commercial building in Seattle, Washington and rehabilitation of historic building in Spokane, Washington; drafted and negotiated leverage loan documents and QLICI loan documents.

Financing of Horse Racing Track - Northwest Racing Associates

Represented lender in connection with construction of thoroughbred horse racing track on ground leased property.

Indian Casino Financing - Puyallup Tribe of Indians

Represented lender in multi-million-dollar financing to Indian tribe for development of a casino.

Leveraged Buyout - RUI One

Represented agent bank in connection with leveraged buyout of restaurant chain.

Mezzanine Lending - Noble House

Represented lender in a mezzanine financing transaction of the equity interests in hotel group.

Multi-state Asset-Based Lending Transaction - Darigold

Represented agent bank in a $100 million asset-based lending transaction for dairy processing facilities in the states of Washington, Oregon and Idaho.

Asset-Based Lending Transaction

Represented asset-based lender in a $60 million loan to a company in the transportation industry.

Project Finance of a Semiconductor Plant - WaferTech

Represented agent bank in a $350 million project finance transaction for development of semiconductor plant.

Stadium Financing - Seattle Mariners

Represented professional baseball club in connection with financing of new stadium.

Technology Lending - Attachmate

Represented agent bank in connection with operating and acquisition financing for software company.

Real Estate Finance

Construction Lending - Harbor Properties

Represented construction lender for development of Harbor Steps in Seattle, WA.

Financing of Ski Area - Harbor Properties

Represented lender in connection with expansion of regional ski area.

Historic School Renovation Financing

Represented lender in connection with financing of renovation of historic school for affordable housing using both historic tax credits and low income housing tax credits.

Multistate Apartment Financing

Represented letter of credit bank in taxable bond financing involving multiple apartment projects in the states of Washington, Idaho and Oregon.

Tax Exempt Private Placement

Represented purchaser in tax-exempt private placement of bond by housing authority for development of a mixed use condominium for market rate retail, office and affordable housing.

Tax-Exempt Private Placement - YWCA

Represented purchaser in tax-exempt private placement of bond for development of a mixed use condominium for social services, office and affordable housing in downtown Seattle, WA.

Public Finance

Credit Enhanced Tax Exempt Bond Financing - Cara Land Co

Represented letter of credit bank in connection with tax-exempt bond issuance for construction of manufacturing facility.

Credit Enhanced Tax Exempt Bond Financing - Overlake School

Represented letter of credit bank in connection with tax-exempt bond issuance for construction of private school facilities.

Credit Enhanced Tax Exempt Bond Financing

Represented letter of credit bank in connection with tax-exempt bond issuance for construction of senior assisted living facilities.

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