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Culp Elliott & Carpenter Law

Culp Elliott & Carpenter Law

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Lender & Borrower Representation

November 27, 2023 by

Lender & Borrower Representation

BACK TO Finance & Capital Markets

Our commercial real estate lending team serves private real estate owners, developers, private lenders, banks and other financial institutions in various types of construction and permanent financing, and other commercial lending transactions involving real estate.

We have assisted clients with secured and unsecured regional and national real estate transactions, including retail, office, industrial, mixed-use, apartment and hotel projects. We have the experience and talent to handle all aspects (loan and property level) of lending transactions, including conduit, securitized, life insurance, portfolio, construction and permanent financing, as well as mortgage and mezzanine financing. We also address and resolve all complex structuring involved in such financings, including subordinate debt, mezzanine/senior debt, cash management and cross-collateralization.

For those involved in the construction, development, purchase or sale of real estate, we provide unparalleled expertise related to financing combined with sophisticated tax-deferred exchanges.

Our Clients Include:

  • Real Estate Investors
  • Real Estate Developers
  • Banks and Other Financial Institutions
  • Lenders and Servicers
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Recent Lender & Borrower Representation:
  • Ongoing representation of a national bank in various “roll-up” acquisition loans, including a mezzanine second-tier lender and third-tier seller/financing
  • Representation of multiple owners/developers of large apartment complexes involving capital market conduit loans
  • Representation of a publicly traded, national developer/operator/owner of assisted living facilities, in the acquisition and development of over 15 sites in North Carolina, South Carolina and Virginia
  • Representation of various local owners/developers in obtaining capital market conduit loans in excess of $100 million for the development of commercial retail shopping centers and single tenant outparcel security loans
  • Representation of a real estate developer in sale and multi-property section 1031 exchange of net leased properties replaced with partially completed retail developments including construction bridge financing and permanent conduit non-recourse financing combined with purchase of LLC membership interest for optimal tax consequences
  • Representation of a local developer/borrower in structuring acquisition and financing of a $100 million Charlotte residential development and country club
  • Representation of multiple local, regional and national developers in securing acquisition, development and construction loans for all types of real property assets, including office, retail, apartment, industrial and other assets
  • Ongoing representation of Charlotte community and regional banks and private lenders in the structuring and closing of various new loans and refinancing of existing loans, secured by commercial real estate and various types of UCC collateral, and cross-collateralization with interest rate swapping arrangements
  • Representation of various local owners/developers in negotiating and closing numerous capital market securitized loans in excess of $100 million for the development and construction of commercial retail shopping centers and single-tenant outparcel sites
  • Representation of a national sponsor of syndicated real estate acquisitions, including negotiation of securitized conduit loan financing terms and preparation of private placement offering memorandum, limited partnership agreements, limited liability company operating agreements, tenants-in-common agreements and related documentation
  • Representation of bankrupt debtors in loan workout and sale of multiple adjacent parcels for a sales price with enough proceeds to repay all secured and unsecured creditors, with substantial profit for owners in a manner to allow owner to defer taxes on gain from sale, including negotiating with lenders, tenants and buyers

Your dedicated team

John J. (Jody) Carpenter

Benjamin H. Ellis

Benjamin E. Dean

John R. Sechrist II

Adam S. Webb

Brage A. Humphries

Madison O. Errichetti

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6801 Carnegie Boulevard Charlotte, NC 28211

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TEL: 704-372-6322
inquiries@ceclaw.com

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