Mark I. Fisher

Qualifications and Career Profile

Mark I. Fisher is a partner in the law firm of Katten Muchin Rosenman LLP, resident in its New York office. Mr. Fisher’s practice encompasses a broad range of transactional, corporate and securities matters. Mr. Fisher has extensive experience with respect to real estate investment trusts (REITs). He has represented issuers, investors, underwriters and placement agents in a wide array of both public and private placements of debt and equity securities, including IPOs and PIPEs. He has also represented issuers in connection with rollups of limited partnerships into master limited partnerships and conversions of limited partnerships into REITs. Mr. Fisher also has significant experience in both consensual and contested M&A transactions, including mergers, tender offers, exchange offers and proxy statements.

Mr. Fisher also represents and counsels a number of registered investment advisers and has extensive experience in counseling public companies with respect to their obligations under the securities laws. Mr. Fisher has also been named a New York Super Lawyer.

Representative Transactions

• Represented investors in a series of PIPE transactions with aggregate investments of more than $700 million.
• Represented the acquiror in the acquisition for $40 million of all of the outstanding stock of NitroMed, Inc., a Nasdaq-traded company.
• Represented group of underwriters led by Merrill Lynch & Co. in a $155 million public offering of Preferred Stock of Lexington Realty Trust, a NYSE listed REIT.
• Represented the placement agents in a $300 million Rule 144A offering of Exchangeable Guaranteed Notes of The Lexington Master Limited Partnership.
• Represented Newkirk Realty Trust, a NYSE listed REIT, in its $4.6 billion merger with Lexington Realty Trust.
• Represented Newkirk Realty Trust in a $240 million public offering of common stock.
• Represented Winthrop Realty Trust, a NYSE listed REIT in a $117 million public offering of common shares.
• Represented Winthrop Realty Trust in three separate shareholder rights offerings that raised over $100 million.
• Represented Concord Debt Holdings, a joint venture of Winthrop Realty Trust and Lexington Realty Trust, in a $465 million collateralized debt offering.
• Represented Winthrop Realty Trust in private offerings of $100 million of convertible redeemable preferred shares.
• Represented group that acquired controlling interest in Winthrop Realty Trust (then known as First Union Real Estate and Mortgage Investments) through a tender offer and purchase of newly issued shares.

Lectures and Articles

Mr. Fisher has spoken at various professional and business groups and published articles on important securities and corporate law topics.

Memberships

• Member of the Executive Board of Cerebral Palsy of Westchester
• Chairman of Board of Zoning Appeals of the Town of Harrison, New York

Education and Bar Admissions

Mr. Fisher received a Bachelor of Business Administration degree magna cum laude from City College of New York, and he received his law degree cum laude from Columbia Law School, where he was a Harlan Fiske Stone Scholar. At Columbia Law School, Mr. Fisher was also a member of the Board of Editors of the Columbia Law Review. Mr. Fisher also served as law clerk to the Honorable Harold R. Medina of the United States Court of Appeals for the Second Circuit. He is admitted to practice in New York.