Locke Lord, Balch on Colonial Bank's financial bailout plan

Posted on April 17, 2009 11:25 by Andy Peters

One of Alabama’s largest banks recently had to scramble to raise $300 million from private investors to trigger a crucial influx of federal money. A client of Locke Lord Bissell & Liddell partner Philip Cooper is the lead investor on the deal.Colonial Bank

Locke Lord’s client, Taylor, Bean & Whitaker Mortgage Corp., led the investor group that agreed to acquire $300 million in convertible preferred stock from Colonial BancGroup Inc. of Montgomery, Ala. Colonial Bank’s parent company needed the money in order to qualify to receive about $540 million from the U.S. Treasury’s Troubled Asset Relief Program. The agreement is pending regulatory approvals and other conditions.

Colonial Bank was hit hard by the economic downturn, and specifically the collapse of the homebuilding industry. The bank lost $880.5 million in 2008 through its exposure to Florida's real estate collapse, according to the Wall Street Journal.

Colonial Bank will convert to a federal savings and loan association if theTommy Tuberville $300 million investment is approved by federal banking regulators, according to a regulatory filing. Taylor, Bean & Whitaker already has a federal thrift license.

Taylor, Bean & Whitaker is putting up about half of the total $300 million, according to the Mobile Press-Register. About 20 other mortgage companies are contributing a total of $50 million total, and two private equity groups will invest $100 million.

The new investors would own about 75 percent of Colonial BancGroup, although Colonial would remain a standalone company. Colonial Bank is Alabama’s second-largest bank. Its chairman and chief executive is Bobby Lowder, an Auburn University trustee and influential backer of the school’s football team [photo, right].

Taylor, Bean & Whitaker, of Ocala, Fla., is regulated by the federal Office of Thrift Supervision. Taylor, Bean & Whitaker is one of the largest U.S. wholesale mortgage brokers.

Cooper is co-lead counsel on the deal, supervising a team of more than 25 Locke Lord lawyers. Partners Douglas Faucette and John Bruno in Washington are also co-leaders of the transaction with Cooper. Balch & Bingham is advising Colonial, including lawyers from its Birmingham and Mobile, Ala. offices.


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Janet ConleyThe Deal Watch Blog is devoted to bringing you the latest news in business law in Atlanta, the Southeast and the U.S. The lead writer is Daily Report associate editor Janet L. Conley.

Janet L. Conley is an attorney who returned to journalism after practicing law with Akin, Gump, Strauss, Hauer & Feld in Washington and with the Georgia Legal Services Program in Atlanta.

During her tenure at the Daily Report, Janet, now the paper's associate editor, has covered law firm economics and management, business and federal courts. In 2007, she received the Georgia Associated Press Story of the Year award and the Atlanta Press Club’s Journalist of the Year award, both for small circulation newspapers, for "Green to Gold," a series of articles on how climate change will alter business and the law.

Janet has written for The American Lawyer magazine and the National Law Journal, among other publications. She also served as managing editor of GC South magazine.

Janet holds a journalism degree from Southern College and a juris doctor degree from the University of Pennsylvania. She lives in Decatur with her husband Mark Harper, also an attorney, and their three children.

She can be reached at jconley@alm.com.

Andy PetersThe contributing writer is Daily Report staff reporter Andy Peters.

Andy Peters has been a journalist since graduating from Furman University in 1992. A short list of the subjects he’s covered includes the Georgia state Legislature, the U.S. semiconductor industry, the Alabama-Florida-Georgia “water wars” litigation, the 1999 American Airlines pilots strike, Coca-Cola and PepsiCo’s battle to acquire the Gatorade sports-drink brand, indie rock music and high school football. Andy has written for Bloomberg News, the New York Times Web site, the Macon Telegraph, the Spartanburg (S.C.) Herald-Journal and the Atlanta Business Chronicle.

Andy has written the Deal Watch column for the Daily Report since March 2006. He was born in Chattanooga, Tenn. in 1971 and grew up in Ringgold, Ga. He lives in Decatur with his wife and two children.

He can be reached at apeters@alm.com.

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