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.
Areas of focus
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
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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
News
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.