Cases
Experience: Representative Matters: Commercial Lending
Other Transactions
Represented lender in structuring, negotiating
documenting a $69 million loan secured by a portfolio of apartment complexes
related personal property.
Represented agent bank in $100 million senior secured credit facility secured by personal property
stock pledges in borrower's domestic
foreign subsidiaries.
Represented finance company in equity investment in excess of $200 million in a joint venture with an unaffiliated party, including due diligence review of 52 office parks located in Silicon Valley.
Represented a public REIT as borrower in the negotiation
documentation of a $620 million credit facility secured by multiple properties in California, Washington
Arizona.
Advised a public REIT in the due diligence
acquisition of a 349-unit luxury condominium project from a lender who had taken title to the property by a deed in lieu from its developer-borrower.
Workouts
Creditor's Rights
Represented a lender in the mixed collateral foreclosure of a time-share resort located in Napa Valley.
Represented agent bank in the workout, bankruptcy, enforcement of creditors' rights
lien priority litigation involving multiple loans made to a large residential home builder with partially completed housing projects in California.
Represented lender in successfully settling lawsuit against guarantor for breach of guaranty of a defaulted $7.5 million loan, after attachment of guarantor's real property.
Represented a public REIT as lender
investor in the documentation
workout of a mezzanine loan
equity investment made to finance a multi-use development project in Los Angeles.
Receiverships
Bankruptcy
Represented receiver in the receivership of a partially completed residential construction project in Monterey County, including advising on contracts
potential claims,
negotiating
documenting a construction loan funded by lender to complete sitework at the project.
Represented Chapter 11 Trustee in the bankruptcy of a national art gallery, which included liquidation of a large inventory of art
special issues concerning consignment of art.
Represented estate manager in the Chapter 11 bankruptcy of Leasing Solutions, Inc., including advising on the distribution of approximately $50 million to creditors pursuant to a complex waterfall distribution scheme provided under the Chapter 11 plan of reorganization.
Represented group of equipment lessors in the Chapter 11 bankruptcy of At Home Corporation
its affiliated debtor entities, including in an action filed by the equipment lessors against the bondholders to enforce subordination provisions in a trust indenture
in an action filed against the equipment lessors challenging their status as equipment lessors under the Bankruptcy Code. Prepared
advised in implementing a comprehensive distribution agreement among the equipment lessors to govern distribution of $100 million in payments received by the equipment lessors
the retrieval of all leased equipment located in hundreds of sites across the United States
Canada.