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Commercial and Real Estate Finance

Overview

Our commercial and real estate finance team has been chosen by lenders, equipment lessors and borrowers to handle thousands of transactions involving collateral in 46 states and abroad. This accounts for financings worth more than $11 billion in the last decade. We are currently counsel to more than half of the top 10 commercial banks in the United States, as well as many of the region’s most reputable community and regional banks, insurance companies, pension funds, private equity investors, and non-traditional financing sources. Our borrower clients participate in some of the largest and most sophisticated transactions, borrowing from the full range of public and private institutional lenders.

What We Do
Our team has expertise providing commercial and real estate finance advice related to all kinds of assets. We handle loan structuring, negotiation, documentation, administration and security interest perfection services related to:

Commercial Financing

  • Asset-based lending
  • Equipment lease transactions, including originations, syndications, and portfolio transactions
  • Warehouse lending to mortgage lenders, low-income housing tax credit syndicators and equipment financers
  • Lending to specialized industries, including high technology companies, health care and community care providers, educational and cultural institutions, manufacturers, and senior and low-income housing developers
  • Revolving credit facilities
  • Investor bridge lending
  • Lending to REITs
  • Vehicle fleets and rolling stock
  • Brown and blue water shipping vessels
  • Corporate aircraft
  • Mining equipment and devices
  • Computer hardware and software
  • Equity interests and other forms of financial assets
  • Other types of equipment, devices, property rights and income streams
  • Syndicated and co-lending transactions involving multiple parties, including inter-creditor, subordination and participation agreements
  • Workouts, bankruptcy proceedings (including debtor in possession financing and cash collateral arrangements), restructurings and foreclosures

Real Estate Financing

  • Acquisition financings
  • Construction and permanent financings
  • Mezzanine financings and preferred equity investments
  • Portfolio loan transactions
  • Sale/leaseback transactions
  • Lending secured by various property types, including multifamily buildings, hotels, laboratories, offices, warehouses, retail centers, condominiums and other facilities
  • Lending to specialized facilities for education, health care or technology related uses
  • Transactions involving golf courses and recreational sites
  • Loan assumptions
  • Syndicated and co-lending transactions involving multiple parties, including inter-creditor, subordination and participation agreements
  • Workouts, bankruptcy proceedings, restructurings and foreclosures

As a result of our commercial and real estate finance work, we have experience representing borrowers and lenders involved in a variety of industries, including:

  • Construction and development
  • Education
  • Financial Services
  • Food and beverage
  • Government
  • Health care
  • Hospitality
  • Housing
  • Industrial
  • Life Sciences
  • Retail
  • Technology

Our Team
The commercial and real estate finance team includes:

  • Lawyers repeatedly named to the peer-reviewed Best Lawyers in America list
  • Lawyers repeatedly selected as “leaders in their field” by Chambers USA
  • Lawyers named as Massachusetts Super Lawyers
  • Numerous lawyers who have held leadership positions in and/or been cited for their work by the American Bankruptcy Institute, the American College of Mortgage Attorneys, the American College of Real Estate Lawyers, the Commercial Finance Association, the Equipment Leasing and Finance Association, the Massachusetts and Boston Bar Associations, and Massachusetts Continuing Legal Education, the Real Estate Finance Association of the Greater Boston Real Estate Board, and the Turnaround Management Association Inc.

Our firm has also been:

  • Ranked as a tier one Boston law firm by S. News & World Report in banking, finance, and real estate
  • Listed among the ranked firms in banking, finance, and real estate by Chambers USA

View Practice Team

Representative Matters

Representative Matters

  • MassMutual Asset Finance - Equipment finance syndications

    Represented MassMutual Asset Finance in the equipment finance syndications market from its inception in billions of dollars of acquisition.

  • Multiple large portfolio loans

    Represented insurance company on multiple portfolio loans, totaling approximately $550 million and secured by industrial properties located throughout the United States, including the sale of a portion of the debt to a third-party investor.

  • Largest U.S. Financial Institutions - Warehouse facilities

    Represented several of the largest U.S. financial institutions in connection with warehouse facilities for (a) Fannie Mae approved lenders and multifamily residential mortgage originators approved by Freddie Mac and Ginnie Mae, and (b) some of the Nation’s most active Low-Income housing tax credit syndicators.

  • Private real estate fund

    Represented a private real estate fund in the formation of a “REIT feeder structure,” consisting of a domestically controlled private real estate investment trust that is a subsidiary of a newly-formed Delaware limited partnership. The structure is intended to accommodate investments by qualified purchasers (as defined in the Investment Company Act of 1940).

  • Connecticut General Life Insurance Company

    Represented Connecticut General Life Insurance Company, as lender, in connection with a $24 million acquisition loan secured by two connected 7-story office buildings in Chicago, Illinois.

  • Farmers Business Network

    Represented Farmers Business Network, an entrepreneurial agronomics business, in exploring and structuring lending opportunities, including loans secured by 2017 and 2018 farm products to farmers in Kansas, Minnesota, and Nebraska.

  • Construction/permanent financings for mixed-use residential and retail projects

    Represented a consortium of banks and life insurance companies on approximately $345 million construction/permanent financings for two mixed-use residential and retail project within commercial condominiums in the Fenway section of Boston, including negotiation of intercreditor and recognition agreements with an institutional buyer of a component of one of the projects and with a pension fund equity investor in another of the completed projects.

  • Workout/Restructuring for lending group

    Represented a lending group of six money-center banks to a diversified real estate investment company in the workout and restructuring of a half billion dollars of credit facilities in which all lenders exited with one hundred cents on the dollar.

  • Brighton Marine

    For over 30 years, Nutter has been proud to represent Brighton Marine, a non-profit corporation supporting uniformed service members, retirees, veterans and their families in the Allston-Brighton community. Nutter assisted its client with the development of The Residences at Brighton Marine, a $46 million project creating 102-units of affordable housing in Boston with a preference for veterans. 

    Nutter advised Brighton Marine on all aspects of this project, including the original strategic planning, the permitting, the formation of the joint venture with WinnCompanies, the ground lease to the joint venture and the financing.

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