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Loan Modifications and Restructurings

We regularly advise financial institutions, as well as public and private investors, regarding strategies for consensual restructurings and alternatives to litigation of non-performing credit facilities and structured finance transactions. We represent clients as lenders or co-lenders, agents, participants and loan purchasers and investors in connection with distressed mortgage or asset-based loans, mezzanine loans and CMBS investments. We have extensive experience in efficiently negotiating and documenting complex or standard loan modifications, extensions, restructurings, forbearances, discounted pay-offs and sales of loans or participation interests.

Representative Matters

  • Represented senior mezzanine lender group in workout negotiations and sale of the group’s $300 million debt position in the capital structure that financed the $5.4 billion acquisition by Tishman Speyer and Blackrock Realty of Stuyvesant Town – Peter Cooper Village, an 80-acre apartment complex located in the Lower East side of Manhattan
  • Represented investment funds in multi-party, multi-tranche workout and liquidation relating to $5 billion of class “A” office properties
  • Represented lender group in restructuring mortgage loan in excess of $100 million secured by partially constructed high-end resort and undeveloped land in the Rocky Mountains
  • Represented investment fund in workout and modification of $20 million mortgage loan secured by full service “flagged” hotel
  • Represented lender in modification, forbearance and pay-off of $7 million asset based loan to New Jersey manufacturer
  • Represented agent and senior lenders in restructuring two construction loan facilities aggregating $200 million, a companion $65 million senior mortgage loan and $65 million in related mezzanine loans
  • Represented agent and senior lenders in restructuring and ultimately negotiating the sale of $45 million construction loan with $4 million mezzanine component

Publications

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