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Klutz, Zachary E.

Partner

Profile

Zachary E. Klutz joined Barrett McNagny LLP in 2005 and has been a partner of the firm since 2014. As a member of the firm’s Corporate, Financial Institutions and Public Finance practice groups, Zach’s legal practice concentrates on mergers and acquisitions along with public and private financings. His mergers and acquisitions experience includes representing public and private companies in negotiated acquisitions and divestures. In addition, he regularly represents financial institutions with respect to complex loan and credit facilities.

Zach is admitted to practice before the Indiana state courts and the U.S. District Court for the Northern and Southern Districts of Indiana.

Selected Representations

Since 2005, Zach has handled and participated in numerous negotiated mergers and acquisitions transactions on behalf of public and private acquirers – both strategic and private equity groups – as well as private targets. Of the many transactions he has worked on, his more recent transactions include:

  • Representation of acquirer in $8,100,000 stock acquisition of partial interest in emergency vehicle manufacturing business (2016)
  • Representation of acquirer in $10,000,000 asset acquisition of national garage door manufacturing company (2016)
  • Representation of equity owner in $500,000 redemption of minority interest in water treatment and filtration device manufacturing business (2016)
  • Representation of acquirer in $2,725,000 equity acquisition of insurance brokerage business (2015)
  • Representation of acquirer in $4,275,000 asset acquisition of metal shredding and process servicing business (2014)
  • Representation of private equity group in $23,000,000 stock acquisition of a gear manufacturing company (2014)
  • Representation of publicly traded company in $1,600,000,000 stock acquisition of a steel producer (2014)
  • Representation of seller in $1,170,250 asset disposition of home health care services business (2014)
  • Representation of acquirer in $11,500,000 asset acquisition of a scrap metal collection and recycling facility (2014)
  • Representation of acquirer in $1,100,000 asset acquisition of an emergency services manufacturing, remounting and refurbishing facility (2014)
  • Representation of seller in $5,400,000 asset disposition of an industrial machine and tooling business (2014)
  • Representation of private equity group in $38,000,000 equity disposition of a manufacturing portfolio company (2013)
  • Representation of purchaser in its $15,000,000 asset acquisition of a corrugated material products business (2013)
  • Representation of acquirer in $10,000,000 stock purchase of a shear, bailer and shredder manufacturing company including the target’s subsidiary corporation governed by laws of the United Kingdom (2013)
  • Representation of seller in $10,500,000 asset disposition of a RV component and accessory manufacturing business (2013)
  • Representation of seller in $20,000,000 asset disposition of a limestone mining quarry business and aggregate sales facilities (2012)
  • Representation of soybean, seed and agricultural company and its existing equity holders in $35,200,000 recapitalization (2012)
  • Representation of purchaser in $8,700,000 asset acquisition of an arts and craft consumer magazine publication (2012)
  • Representation of private equity group in equity acquisition of a fuel and heating product manufacturing company (2012)
  • Representation of acquirer in $6,000,000 asset acquisition of a scrap metal collection and processing facility (2012)
  • Representation of acquirer in $2,000,000 asset acquisition of an arts and craft consumer magazine publication (2012)

Serving as lender’s counsel, Zach has also represented state banking institutions with respect to the negotiation and drafting of a variety of loan and credit facilities, his recent lending transactions include:

  • Lender’s counsel for $2,000,000 line of credit and $6,025,000 term loan credit facilities for acquisition financing of borrower (2016)
  • Lender’s counsel for $10,000,000 revolving line of credit facility extended to real estate development company (2016)
  • Lender’s counsel for $3,000,000 line of credit and $7,000,000 construction loan facilities extended to food production company (2016)
  • Lender’s counsel for bank’s purchase of an Indiana municipality’s $20,500,000 Sewage Works Bond Anticipation Notes, Series 2016
  • Lender’s counsel for $3,300,000 construction loan credit facility extended to manufacturing company (2015)
  • Lender’s counsel for $4,000,000 construction and term loan credit facilities extended to real estate holding company (2015)
  • Lender’s counsel for $5,000,000 construction and term loan credit facilities extended to commercial developer for the construction and rehabilitation of commercial and residential development (2014)
  • Lender’s counsel for $3,395,000 construction loan credit facility extended to real estate development company, as borrower, for multi-use office and retail development (2014)
  • Lender’s counsel for $5,000,000 loan and credit facility extended to individual borrower for equity acquisition financing (2014)
  • Lender’s counsel for bank’s purchase of an Indiana municipality’s $1,900,000 General Obligation Notes, Series 2013A issued by municipality to finance jail and detention center projects
  • Lender’s counsel for $2,960,000 construction and term loan credit facilities to Section 42 low-income housing developer (2012)
  • Lender’s counsel for $4,000,000 construction and term loan credit facilities to Section 42 low-income housing developer (2012)

Zach has also served as bond counsel, borrower’s counsel and issuer’s counsel in taxable and tax-exempt bond and note issues for public and private issuers, including:

  • Issuer’s counsel for an Indiana municipality’s $987,000 Sewage Works Revenue Bond Anticipation Notes, Series 2015 (Taxable)
  • Borrower’s counsel for an Indiana municipality’s $1,435,000 Variable Rate Demand Economic Development Revenue Bonds, Series 2016
  • Bond counsel for an Indiana municipality’s $160,000 Sewage Works Bond Anticipation Notes, Series 2015
  • Bond Counsel for an Indiana municipality’s $1,857,000 Water Works Revenue Bonds of 2014, Series A and B
  • Lender’s counsel for $1,345,000 municipal lease financing for construction and lease of fire station facility (2014)
  • Issuer’s and bond counsel for an Indiana municipality’s $670,000 Redevelopment District Tax Increment Revenue Bonds, Series 2012
  • Bond counsel for an Indiana municipality’s $3,250,000 Economic Development Revenue Bonds, Series 2008

Professional Activities and Community Involvement

  • Republican Commission to Indiana Election Commission, Appointee of Indiana Governor Mike Pence (2014 – current)
  • Board of Directors, McMillen Center for Health Education (2009 – 2015) (Board President, 2014)
  • Board of Directors, Mike Downs Center for Indiana Politics (2005 – 2010)
  • 2012 recipient of the “40 Under 40” award, presented by Greater Fort Wayne Business Weekly
  • Member of the Allen County Bar and Indiana State Bar associations, Zachary is also a member of the National Association of Bond Lawyers and the Indiana Municipal Lawyers Association

Education and Prior Professional Experiences

After receiving his B.A. in 2002 from Indiana University-Purdue University Fort Wayne, Zach earned his J.D. from Indiana University Robert H. McKinney School of Law in 2005.

Prior to joining Barrett McNagny LLP, Zach served as the executive director of Allen County Republican Party and has worked on various political campaigns at the local, state, and federal levels since 1998. From 2000 through 2001, Zach served as a congressional aide to Indiana’s 3rd District United States Congressman (R).

Legal Assistant: Shelly M. Brite

The News with Zachary E. Klutz

A New Kind of Business: The Benefit Corporation
The Indiana legislature created a new type of business in Indiana called a “benefit corporation.” 
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Barrett McNagny LLP Listed in 2016 “Best Law Firms” Rankings
Barrett McNagny LLP is proud to announce that the firm was ranked in the 2016 “Best Law Firms” rankings by U.S. News Media Group and Best Lawyers®.  
Read More
Barrett McNagny Announces Logo Change
Barrett McNagny is pleased to announce a “refresh” of the firm’s identity. The “refresh” includes an updated name, a new logo and a redesigned website.…
Read More

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