Keith blends a broad base of experience with a results-oriented focus in helping his clients structure, negotiate, close and, when necessary, restructure or workout a wide array of debt financing and energy-related products. He has served as counsel to agent-banks, lead arrangers, lenders and lending groups (including national/international institutional lenders, community banks and farm credit associations) as well as developers, corporate borrowers and industrial companies and concentrates his practice on the following areas:syndicated and non-syndicated real estate-based construction and acquisition finance
•commercial/industrial project and asset-based finance
•syndicated and non-syndicated corporate finance
•subordinated/mezzanine/second lien debt finance
•workout and restructure finance
•energy finance and supply agreements
Regardless of the deal type, Keith believes that, in addition to the technical legal knowledge required to complete transactions, it is essential for finance lawyers to partner with their clients by bringing to the table a business-focused perspective that couples risk mitigation with flexibility in a manner that fits the objectives and needs of those clients. He is hyper-responsive in helping his clients to effectively and efficiently close deals and achieve the results they seek while remaining conscious of both the big picture and the fact that it is the details that often determine how that big picture ends up looking.
Lender RepresentationStructuring, negotiation and closing (with the aid of local counsel) of $120 million refinancing of a mall property in Redmond, Washington through a tax-driven three loan structure involving four borrower entities and a post-closing loan rebalancing requirement which will result in the consolidation of two of the initially-closed loans pursuant to pre-negotiated syndicated form documents.
•Structuring, negotiation and closing (with the aid of local counsel) of $99 million acquisition refinancing of city center project in White Plains, NY.
•Structuring, negotiation and closing (with the aid of local counsel) of $13 million timberland financing in FL secured by both timberlands and in FL and mineral rights interests in TX.
•Negotiation and closing (with the aid of local counsel) of hotel acquisition/refinancing credit facilities ranging from $14-60 million for properties located in GA, CA, TX, CO and MO.
•Structuring, negotiation and closing (with the aid of local counsel) of project construction or acquisition loans of $50-$95 million for retail outlet centers located in AZ, WI and MD.
•Structuring, negotiation and closing (with the aid of local counsel) of project construction loans ranging from $12-$65 million for multi-family developments in TN, SC, NC and TX.
•Multiple retail project construction facilities (totaling approximately $200 million) to retail/industrial acquisition REITs for properties located in FL, NC, SC, TX and CA.
•Power plant project financing and related leasing of space and project contracts for steel production facility
•Closing and subsequent modifications to $50 million, $32 million and $35 million project construction financings related to retail centers located in Clark City, NV, King City, WA and Charlotte, NC.
Agent/Lead Arranger RepresentationStructuring, negotiation and closing of $450 million corporate credit facility for retail development company.
•Structuring, negotiation and closing of $400 million timber-secured credit facility.
•Structuring, negotiation and closing of $1.5 billion financing and subsequent workout/bankruptcy restructuring of corporate credit facility for newly-formed REIT.
•$1 billion senior secured corporate term/revolving credit facility for national convention hotel REIT.
•Restructuring of $170 million revolving/term/PIK accrual real estate secured credit facility to hotel management/ownership company, including comprehensive lease and management contract review of entire portfolio.
•Represented agent in $250 million unsecured borrowing base credit facility for a regional office REIT and related lease review with respect to entire borrowing base portfolio.
•Restructuring of $380 million industrial project financed-facility.
Outside Nexsen Pruet
While he has previously dabbled in running, ice climbing and high altitude mountaineering, Keith's primary out of office activity is currently cycling. He is a member of the Modry Evergreen Racing Team based in Charlotte, NC and considers himself a shining example of highly-competitive, middle-aged athletic mediocrity.