Timothy S. Crisp

Partner

Overview

Timothy S. Crisp is a partner and business lawyer with Foley & Lardner LLP. His clients and transactions span the nation, with focus in Wisconsin and Chicago, and are in a variety of industries, including banks, finance companies, manufacturers and technology companies. Mr. Crisp is a member of the firm’s Finance & Financial Institutions; Consumer Financial Services; Health Care Finance; and Privacy, Security & Information Management Practices.

Mr. Crisp represents lenders and borrowers in commercial and asset-based loan transactions, workouts, turnarounds, bond transactions, equipment leases and cross-border transactions. Mr. Crisp regularly counsels consumer finance companies regarding licensure matters and compliance with the Truth in Lending Act, the Fair Credit Billing Act, the Equal Credit Opportunity Act, the Electronic Funds Transfer Act, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, the Gramm-Leach-Bliley Act, National Automated Clearing House Association rules, and state consumer credit, privacy, debt management services and debt collection laws. He also handles distressed company sales and divestitures, mergers, acquisitions, and private equity investments. Mr. Crisp assists financing entities and users in aircraft financing and registration.

Prior to joining Foley, Mr. Crisp was a partner with Michael Best & Friedrich LLP.

Recognition

Mr. Crisp was selected for inclusion in the Chambers USA: America's Leading Business Lawyers list for 2016 and 2017. He has been lead corporate counsel in many high profile transactions, winning awards for 2008 Out-of-Court Restructuring of the Year; 2007 Non-Chapter 11 Deal of the Year; 2007 Manufacturing Deal of the Year; 2007 Community Impact Deal of the Year by The M&A Advisor; and 2007 Transaction of the Year by the Turnaround Management Association. He was selected for inclusion in the 2007 and 2008 Wisconsin Super Lawyers® lists and was named a "top lawyer" by Madison Magazine in 2003 and 2007. He has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system. Mr. Crisp has also been selected by his peers for inclusion in The Best Lawyers in America© since 2012 in the field of corporate law, commercial litigation, and banking and finance. He was named Best Lawyers’ Madison Banking and Finance Lawyer of the Year.*

Education

Mr. Crisp graduated from Duke Law School (J.D., 1990) where he was an articles editor of the Duke Journal of Comparative and International Law. He received his Bachelor of Arts from Yale University in 1987.

Admissions and Professional Memberships

Mr. Crisp is a member of the American Bar Association, Business Law Section (Commercial Financial Services, Consumer Financial Services, Uniform Commercial Code, Legal Opinions, Negotiated Transactions and Banking Law Committees); and the State Bar of Wisconsin, Business Law Section and Committee on Standard Forms of Legal Opinions. He is admitted to practice in Wisconsin, Illinois, and Oregon.

Community Engagement

Mr. Crisp is on the board of directors of Forward Theater Company and Junior Achievement of Wisconsin’s Dane/Rock Counties Chapter, and previously served as a director of the American Players Theatre of Wisconsin, Inc. He serves on the Village of Shorewood Hills Public Health and Safety Commission. Mr. Crisp also serves on the Special Investigative Panel of the Wisconsin Supreme Court’s Office of Lawyer Regulation, and on the Village of Shorewood Hills Public Health and Safety Committee.

Publications

Mr. Crisp's publications include "Chapter 9 (Secured Transactions) of Wisconsin Business Advisor Series: Commercial and Consumer Transactions," published by the State Bar of Wisconsin.

Representative Experience

Recent Finance and Related Transactions

  • Representation of agent banks, lenders, participants and borrowers in connection with the extension of more than $3 billion in secured and unsecured credit facilities to borrowers in a variety of industries, including registered investment companies, registered investment advisers, insurance companies, real estate investment trusts, and public utilities
  • Representation of a borrower in connection with the issuance of nearly $2 billion in senior and senior subordinated notes
  • Representation of an agent bank in connection with the extension of $475 million in syndicated multicurrency credit facilities to a public company
  • Representation of a major asset-based lender in connection with the extension of $250 million in credit facilities to companies in a variety of industries
  • Representation of banks, hospitals and health care providers in connection with the issuance of credit enhancement and liquidity facilities for over $1 billion in taxable and tax exempt bonds
  • Representation of an issuer of over $250 million in outstanding open-end consumer credit in connection with national regulatory compliance, licensing, and formulation of forms and procedures
  • Representation of an automotive parts manufacturer in connection with its refinancing of approximately $30 million in senior, second lien and mezzanine debt and an out-of-court restructuring
  • Representation of a participant bank group in connection with the credit enhancement of bonds issued to finance the construction of a major performance and visual arts venue
  • Representation of a bank in connection with the collateralization and workout of existing $40 million loans, provision of debtor-in-possession financing, and successful liquidating Chapter 11 bankruptcy of an agricultural and food products conglomerate
  • Representation of a bank in connection with the foreclosure and replevin of collateral, collection on guarantees, and successful defense of lender liability claims

Recent Corporate Transactions

  • Representation of the organizers of a de novo bank in connection with its chartering, organization and raising of initial capital
  • Representation of a bank in connection with the acquisition of a branch from a FDIC receivership and the subsequent sale of such branch
  • Representation of a bank in connection with its recapitalization, reverse stock split and consolidation of control in its holding company
  • Representation of a technology sales and consulting company in connection with its credit facilities, roll-up acquisitions, and sale to a public company
  • Representation of a management group in connection with a management buyout of a registered investment adviser
  • Representation of a multiline company in connection with its reorganization and the divestiture of a business line
  • Representation of a food products company in connection with negotiations with creditors and a distressed sale of its assets
  • Representation of a consumer products manufacturer in connection with a distressed sale of its assets
  • Representation of an automotive parts and service company in connection with a restructuring and sale of its assets
  • Representation of manufacturing companies in connection with establishment of joint ventures in China, Japan, South Korea, and Mexico

*The Illinois Supreme Court does not recognize certifications of specialties in the practice of law and no award or recognition is a requirement to practice law in Illinois.

Representative Matters

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Foley represented private equity firm Woodlawn Partners, LLC, in the purchase of a controlling interest in Pacific Aviation Corporation.
Represented Woodlawn Partners, a Chicago-based private equity firm, in structuring the acquisition of substantially all of the assets of Universal Tank & Fabrication, Inc., an Iowa-based corporation in the business of manufacturing and supply of pressure vessels and tanks. Consideration for the transaction involved a combination of cash, a promissory note, and an infusion of equity securities of a Woodlawn Partners investment vehicle (Woodlawn Partners III, LLC). Foley also assisted the buyer in securing traditional senior debt and mezzanine financing to facilitate the asset purchase, successfully negotiating all financing documents. In addition to negotiating and drafting the purchase agreement, Foley attorneys negotiated and drafted employment agreements with key seller employees to ensure the acquired business assets would continue to be effectively managed following closing. The UT&F transaction follows closely after Foley’s recent successful representation of Woodlawn Partners in its acquisition of Burrow Construction, Inc.
Represented a major asset-based lender in new credit facilities to an ATV accessory manufacturer.