Education & Health Care Financings
Efficient, Industry-Savvy Representation
We develop and implement complex financing structures to meet the needs of our nonprofit sector clients. Our team has a long track record of working with issuers, underwriters, borrowers, bondholders, trustees, and credit enhancers — representing them in tax-exempt and taxable 501(c)(3) financings, refinancings, consolidations, and restructurings. Our clients have varied financial and strategic concerns. We work with each of them to design and implement successful, timely solutions to meet their current and future needs.
Share AwardsOur Experience
Mintz served as bond counsel, finance counsel, and program counsel on the issuance of four tranches of revenue bonds in June 2024 by the Massachusetts Educational Financing Authority, which totaled more than $475 million.
Served as bond and/or borrower's counsel to many of New England's prominent health care and higher education institutions.
A cross-practice Mintz team, led by several Public Finance Members, assisted Mass General Brigham in a $460 million publicly offered tax-exempt bond financing. The transaction marked the not-for-profit, integrated health care system’s return to the public debt market after nearly four years.
Our Approach
We represent all parties in complex nonprofit financial transactions. That experience gives us unique visibility into the needs, requirements, and workarounds of every transaction participant. Our attorneys bring a 360-degree perspective to bear for the benefit of each client — leveraging their experience to expedite transaction progress and resolution.
Our approach combines creativity in addressing unique needs with careful review and planning to ensure future financing and operational flexibility. Our extensive experience helps us maximize efficiency as we execute each transaction.
- Nursing homes, assisted living facilities, and CCRCs
- Multistate systems, statewide obligated groups, and freestanding hospitals
- Leading health care underwriters, mutual funds, and other institutional investors
- Medical centers, including some of the best-known teaching and community hospitals in the United States
We serve as bond counsel, underwriter’s counsel, borrower’s counsel, and bond purchaser’s counsel on financings for public and nonprofit colleges, universities, secondary schools, and associated entities.
- Experience working with museums, aquariums, zoos, philanthropic organizations, church-affiliated organizations, synagogues, and other “niche” tax-exempt organizations
- Familiarity with nonprofits' unusual operational and financial profiles, the need to coordinate financing and fundraising objectives, and their status as specialty creditors
- Consideration for nonprofits' particular requirements and future needs to ensure they aren't overlooked in cookie-cutter documents developed for other types of organizations
- Render / review key tax and enforceability opinions
- Assist in disclosure preparation / review
- Negotiate / document covenants in bond documents, credit enhancement documents, derivatives
- Structure and document bond issues including multiple series of bonds in differing interest modes
- Assist in navigating existing tax and covenant requirements to comply without prohibiting operational and strategic evolution
- Review covenants addressing additional debt, additional liens, asset transfers, mergers, and obligated group additions / subtractions to minimize need for later refinancing