Craig Unterberg

Education and Clerkships

J.D., Tulane University Law School, 1998

B.A., Tulane University

Bar Admissions

New York

Texas

Profile

Craig Unterberg is the chair of Haynes and Boone's New York-based Prime Brokerage and Equity Lending Practice Group and is a leading authority on the U.S. margin regulations. Craig provides extensive regulatory advice on margin lending issues to a multitude of financial institutions and hedge funds.  Craig has worked on an industry-leading number of single stock and portfolio loan transactions to hedge funds, investment companies, and private equity groups making him a market leader in handling complex onshore and offshore margin facilities. In such role, Craig provides regulatory guidance on Regulation U, Rule 144, and Article 8 of the Uniform Commercial Code.   Craig also works on a wide range of derivative, prime brokerage, and hedge fund financing transactions for both buy- and sell-side counterparties. 

In addition, Craig represents borrowers and lenders in the private equity, leveraged lending, asset based and M&A financing spaces.   Craig also spends significant time handling loan restructurings and DIP facilities.  Craig regularly leads national CLE presentations on margin loans, intercreditor agreements, forbearance agreements and bankruptcy matters relating to lending transactions.

Selected Client Representations

  • Representing a large investment bank in margin stock liquidity loan agreements in excess of $2.5 billion to domestic investment funds
  • Representing the lead lender in loans and repurchase agreements in excess of $3 billion to hedge funds
  • Representing certain financial institutions in a $10 billion committed reverse repurchase facility and a $10 billion committed repurchase facility of sovereign debt with a European hedge fund
  • Representing the administrative agent and lead lender in margin loans in excess of $1 billion to mutual fund investment companies
  • Representing the lead lender in margin loans in excess of $2 billion to hedge funds secured by margin stock
  • Representing the lead agent in a US$3 billion equivalent cross-border credit facility to publicly-traded company involving U.S., Canada, Euro, Japan, Korea, and China tranches
  • Advising major banks, financial institutions, hedge funds, and corporate borrowers and lenders on regulatory issues related to margin lending, including Regulation T, U, and X
  • Representing lenders and borrowers in the workouts and restructuring of loans to health care providers, airlines, retail companies, real estate investors, manufacturing companies, and internet companies
  • Advising lenders and borrowers with respect to the legal issues relating to the financing, leasing and foreclosing of aircraft

NYSE Bell Ringing

NYSE Inspire MD

Haynes and Boone Joins Client InspireMD at NYSE Bell Ringing

Haynes and Boone joined the InspireMD leadership team in celebrating the company’s listing on the NYSE MKT by ringing The Opening Bell on Oct. 24, 2013.


Speeches and Presentations

  • "Stopping the Bleeding: Pre-Foreclosure Rights and Equity Collateral," co-author, Bloomberg BNA's Banking Report, April 1, 2014
  • "Keys To Equity Financing: The Compliance Requirements for Lenders and Borrowers," live webinar/teleconference presented by Strafford Publications, Inc., May 23, 2013
  • "Protecting Your Assets: Utilizing Custodial Accounts and Brokerage Accounts," Haynes and Boone Seminar, May 2, 2013
  • "Forbearance Agreement Fundamentals," live audio conference presented by Lorman Education Services, April 4, 2013
  • "Collateral Protection for Financial Assets: Current Legal Trends," live webinar/teleconference presented by Strafford Publications, Inc., December 4, 2012
  • "Regulation U - What Every Deal Lawyer Should Know," panelist, American Bar Association Business Law Section 2011 Fall Meeting, November 16, 2011 
  • "A Midnight Ride: A Call to Arms on the Challenges of Documenting the Rights of Swap Providers in Collateral Shared with a Lending Syndicate," American Bar Association, Section of Business Law Spring Meeting, April 2011
  • "Marketing from a Young Partner's Perspective," co-author with Kendyl Hanks, Marketing The Law Firm, Volume 26, Number 11, March 2011
  • "Intersection of Bankruptcy and State Foreclosure Laws: Protecting Foreclosure Remedies and Overcoming Bankruptcy Pitfalls When Dealing With Distressed Borrowers," live webinar/teleconference presented by Strafford Publications, Inc., February 8, 2011
  • "A Comprehensive Overview of Dodd-Frank Wall Street Reform and Consumer Protection Act," Haynes and Boone Webinar, July 21, 2010
  • "Commercial Loan Workouts: Forbearance Options and Waivers After Default," live webinar/teleconference presented by Strafford Publications, Inc., April 1, 2010.

Professional Recognition

  • Honored as one of the "Outstanding Lawyers Under 40" by the Cardozo Society of the Jewish Federation's Attorneys Division, December 2009
  • Honored as one of "40 Under Forty" in the Dallas-Fort Worth area for civic involvement by the Dallas Furniture Bank, March 2009
  • Named one of the "Best Lawyers Under 40 in Dallas" by D Magazine, May 2006
  • Selected for inclusion in New York Rising Stars - Metro Edition, 2011-2012
  • Selected for inclusion in New York Super Lawyers, 2013-2014
  • Selected for inclusion in Texas Super Lawyers - Rising Stars Edition, annually 2005-2009
  • Martindale Hubbell® Law Directory with a Peer Review Rating of AV® Preeminent™

Professional and Community Activities

  • State Bar of New York  
  • State Bar of Texas  
  • Chair of Capital Markets Group for the World Services Group 
  • Democratic Judicial Counsel 
  • Board of Directors and Counselors' Council for American Jewish Committee - New York 
  • Board of Directors for Lemons to Aide 
  • BoardServeNYC

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