Franklin H. Caplan concentrates his practice in the areas of complex business and finance transactions, including commercial real estate and corporate transactions. He has over 25 years experience serving as lead counsel on all aspects of purchase and sale transactions, financings, project development, restructurings, workouts, and the general conduct of business operations. Frank has extensive experience with capital formation, and with vacation ownership and multi-owner projects and hospitality transactions, having worked on all aspects of leisure-oriented and amenities-based real estate and club projects, including development and working capital financing, securitized financings, condominium and timeshare registrations, development, renovations and branding.
Frank's experience in vacation ownership loans involves single and multi-lender financings aggregating well over $1 billion, as well as owners' associations work and management and marketing contracts. His workout experience includes recapitalizations, multi-party non-bankruptcy reorganizations, debt restructurings generally and extensive asset management. Frank also has substantial experience with commercial leasing of office, warehouse and airport facilities, and with aircraft leasing and financing, entity governance and operating, employment and incentive compensation agreements
Representative Experience
· Represented the successful plan proponent in a series of reorganization transactions for the iconic, 700-room Pittsburgh Hilton hotel, that included our client's acquisition of all the equity in the debtor. These transactions included: (a) restructuring the hotel's senior secured financing under BlackRock Capital's $49.6 million loan, (b) negotiating and implementing a new Franchise Agreement followed by a Hotel Management Agreement with Wyndham Hotels, (c) consummating $8 million of additional financing from Wyndham, secured by the Hotel's equity, (d) placing up to $11 million in junior mortgage financing from our client as Plan Proponent, and (e) resolving other secured and unsecured claims
· Represented syndication loan sponsor and agent on portfolio loans providing for cumulative financings of multiple hundreds of millions of dollars, secured by assets in multiple jurisdictions
· Represented co-lender on high-rise mixed-used project in Las Vegas
· Represented international freight forwarding and express shipping company in connection with airport and facilities leases nationwide and in various foreign jurisdictions, including domestic and overseas build-to-suit projects
· Represented cargo aircraft owner and lessor in connection with aircraft finance and operating leases
· Represented destination-oriented second-home developer in bankruptcy asset sales
· Represented major computer operating system owner / developer in various transactions occurring during Chapter 11 bankruptcy proceedings
· Represented secured lender on golf course financings and workouts
· Represented golf and social private equity club on club acquisition from insolvent developer and on post-acquisition equity and club restructure
· Represented real estate developers on acquisitions and registrations
· Represented hotel owners in connection with management agreements, food and beverage contracts, employment matters, branding, and general business operations
· Represented software developer / data management service provider in connection with various consultant, vendor and customer contracts
· Represented professional services firm relative to long-term contracts, employment matters and ownership transition
· Represented telecommunications company in connection with communications system infrastructure installation at a major international airport
· Represented Canadian Consulate in connection with leasing matters for diplomatic personnel
· Represented not-for-profit entities in obtaining educational and charitable purpose tax-exempt status
· Represented minority-owned distributor of medical, surgical and rehabilitative supplies in connection with the sale of its business and real estate assets
Professional & Community Involvement
· Chair - Village of Key Biscayne Zoning Ordinance Review Committee
· Member of the Key Biscayne Art in Public Places Board
· Previous Chair of the Key Biscayne Comprehensive Plan Committee
· Member of the Key Biscayne "2020 Vision" Planning Committee
· Chair of Key Biscayne Comprehensive Plan Evaluation Subcommittee
· Chair of the Key Biscayne Youth Council Advisory Board
· Vice President, Key Biscayne Historical and Heritage Society
· Co-founding director of the Congress of New Urbanism - Florida
· International Council of Shopping Centers (ICSC)
· American Resort Development Association(ARDA)
· Active with the Florida Bar "Put Something Back" pro bono services program
· Leadership Miami Class of 1992
· Leadership Fort Lauderdale Class of 1996
· Member, Business Section of the Florida Bar
Awards & Recognition
· AV Rated by Martindale-Hubbell
Articles & Presentations
· Frank has written and presented on various topics including: tax planning relative to appreciating development property, federal excise tax on prepaid telephone cards, a primer on and pitfalls regarding condo-hotels, timeshare financing, golf course financing, the Americans with Disability Act and commercial leasing, Art in Public Places and Transit-Oriented Development
Prior Affiliations
· Massachusetts Appeals Court - Springfield and Boston Massachusetts
· Barclays Business Credit - Hartford, Connecticut
· Morgan Lewis Bockius, LLP - Miami
In the News
Zorc tours the good, the good and the ugly of single-family homes, The Islander News, Frank Caplan, March 03, 2007
Hotel would be lost under condo plan, Miami Herald, Frank Caplan, March 25, 2007
Council will get report on solving park and recreation space problem, The Islander News, Frank Caplan, May 31, 2007
After four meetings, committee still unable to decide on Floor Area Ratio, Islander News, Frank Caplan, June 21, 2007
Bedia art installation goes forward, funding issues still remains issue, Islander News, Frank Caplan, July 21, 2007
Deals of the Year, Real Estate Forum, Frank Caplan, March 01, 2008
In the News Report, 1.02.11, Karen Abraham, Mitchell Berger, David Black, Frank Caplan, Liz Conover, Jennifer Escobar, Dawn Kampersal, Michael Greene, Jordi Guso, Deborah Talenfeld, Paul Steven Singerman, January 03, 2011
In the News Report, 2.27.11, Andrew Hinkes, Gavin Gaukroger, Frank Caplan, Mitchell Berger, Paul Steven Singerman, February 28, 2011
In the News Report, 5.08.11, David Black, Melanie Hines, Stefanie Moon, Frank Caplan, Deborah Talenfeld, Mike Greene, Jordi Guso, Dan Lampert, Dan Mielnicki, Chuck Lichtman, May 11, 2011
In the News Report, 5.29.11, James Berger, Frank Caplan, Melanie Hines, Chuck Lichtman, Paul Singerman, May 31, 2011
Publications
Achieving Capital Gains Treatment on predevelopment Real Property Appreciation, The Florida Bar Journal, 04/01/2006