Real Estate

Advised a client in a corporate debt restructuring of more than $50 million that allowed it to part ways with the family of its deceased founder. The restructuring included a comprehensive court-approved settlement agreement involving the payoff of several debt obligations, the release of the related security agreement, the purchase and extinguishment of a warrant to purchase over 500,000 shares of common stock of the client’s holding corporation, and the release of rights under multiple purchase agreements, including a stock purchase agreement. The negotiated settlement agreement price included approximately $17 million of debt forgiveness to the client’s benefit. Also represented the client in a $2 million revolving loan and a $44 million term loan, handled employment agreements for the CEO and CFO, negotiated landlord consents on client leases in dozens of locations, and provided assurances to the lender on the client’s employee stock ownership plan.

Negotiated the acquisition of vacant land for the development of two new branch locations for a banking company in Northwest Arkansas. Worked with a local development team to negotiate access, signage and development approvals to facilitate design and construction of the new locations. 

Represented a global e-commerce company in a commercial lease dispute.

Served as local counsel to a national REIT in the purchase of a retail center in Illinois. Drafted local opinion letters and handled due diligence.

Represented court-appointed receivers in numerous high-profile commercial foreclosures of shopping malls.

Represented global real estate services firm in enforcement of noncompete and nonsolicitation agreements with former employee.

Defended multimillion-dollar contract claim concerning internet hosting services asserted against one of largest shopping mall real estate investment trusts (REITs).

Defended real estate services firm and related entities in multimillion-dollar veil-piercing claims.

Defended global real estate services firm in $120 million claim for negligent real estate portfolio advice.

Handled HUD financing and negotiated construction agreements for a multifamily housing building in Maplewood, Missouri.

$55 million sale of advertising company to public company. The asset sale transaction involved the sale of rights in over 400 locations in four states, the transfer of over 1,000 advertising contracts, and the sale of two commercial buildings. The team helped the client navigate various corporate governance issues and achieve its goal of selling the business.

Represented a global architectural and design firm in contract negotiations as part of a multi-year renovation of a national thoroughbred horse racing park. The client requested several contract revisions subsequent to the bidding process, which were successfully negotiated.

Served as purchaser's and lender's counsel with respect to a $20.8 million credit facility related to the acquisition and development of a 216-unit low-income multifamily housing project located in South Carolina.

Represented a health care client in acquisition of property for a multi-building campus development in excess of 1 million square feet. Negotiated design and construction contracts for the project, as well as a public incentive package valued at more than $450 million.