Matthew S. McElhiney: Lawyer with Kutak Rock LLP

Matthew S. McElhiney

Partner
Denver,  CO  U.S.A.
Phone(303) 292-7739

Peer Rating
 4.4/5.0
BV® Distinguished

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Practice Areas

  • Business and Corporate
  • Corporate Finance
  • Corporate Governance
  • Mergers and Acquisitions
  • Commercial Lending - Banking
  • Directors' and Officers' Liability
  • Loan Modifications and Restructuring
  • Commercial and Asset-Based Lending
  • Secured Transactions
  • Construction and Development
  • Technology Transactions, Licensing and Procurement
  • Trademarks
  • Private Equity -- Mergers and Acquisitions
  • Representation of Limited Partners and Other Investors
  • Health Care
  • Real Estate
  • Acquisitions and Dispositions
  • Commercial Leasing
  • Commercial Lending
 
University University of Colorado, B.S., cum laude, 1986
 
Law SchoolUniversity of Virginia School of Law, J.D., 1989 Notes and Articles Editor, Virginia Journal of Environmental Law
 
Admitted1989, Texas; 1991, Colorado; U.S. District Court for the District of Colorado; U.S. Court of Appeals for the Tenth Circuit; Colorado Supreme Court; Texas Supreme Court
 
Memberships 

Memberships and Affiliations

•University of Colorado Alumni Association Board Member

•Co-Chair - Revenue Committee
•Treasurer/Co-Treasurer, 2007-present

 
BornBaton Rouge, Louisiana, July 28, 1964
 
Biography

Mr. McElhiney is a partner in Kutak Rock LLP's Denver office and has a broad range of experience handling corporate, merger & acquisition, business, contract and transactional issues, effectively having served as outside counsel for a wide array of businesses. He also has extensive experience in real estate matters for property owners, developers, small business owners, landlords, tenants, construction companies and contractors. Additionally, Mr. McElhiney has performed extensive work in the health care industry handling various business and transactional matters for companies, hospitals, and physician practice groups.

Mr. McElhiney has a broad range of experience handling corporate, merger & acquisition, business, contract and transactional issues, effectively having served as outside counsel for a wide array of businesses. His practice regularly involves:

•The purchase and sale of businesses, assets and equity ownership interests.
•The purchase, sale and development of commercial, residential, and mixed-use real properties.
•Secured lending transactions- including documentation, workouts, restructurings, lien and payoff transactions and disputes for both lenders and borrowers.
•The preparation and structuring of organizational documents, shareholder and ownership agreements for corporations, limited liability companies and partnerships.
•Mergers and acquisitions and private equity transactions.
•Landlord/tenant disputes and evictions.
•Dispute resolution and ownership restructurings between adverse business owners and managers.
•The preparation, review and analysis of contractual agreements, including joint ventures, leases, buy-sell agreements, vendor and supplier agreements, independent contractor agreements, purchase and sale, and numerous other commercial agreements.
•The representation of closely held businesses in connection with contractual matters, shareholder agreements, employment agreements, and facility acquisition, development and disposition.

Experience Includes:

•Several multimillion-dollar sales and acquisitions of businesses for buyers and sellers in the technology, medical, real estate, retail, health care, insurance, financial, utility locating and service industries.
•Acquisition of an industrial facility construction company, and negotiation of development options on $50 million stream of future build-out projects.
•Internal merger and restructure of $10 million construction company, including revision of shareholder, redemption and ownership agreements.
•Negotiation of long-term research/consulting, non-disclosure, confidentiality and executive employment agreements for applied science business with large defense contractor.

Mr. McElhiney has a broad range of experience handling various business and transactional matters for companies, hospitals and physician practice groups in the health care industry. His practice involves:

•Purchase and sale of real estate and related assets.
•Development of commercial, residential and mixed-use real properties for physicians and practice groups.
•Negotiation and drafting of loan documents for health care entities, physicians and practice groups.
•Merger and acquisition transactions for hospitals and medical practice entities and health care groups.
•Negotiation of software and value added reseller agreements for health care services companies.
•Preparation and structuring of organizational documents, shareholder, and ownership agreements for corporations, limited liability companies and partnerships.
•Landlord/tenant disputes and evictions.
•Dispute resolution and ownership restructurings.
•Preparation, review and analysis of various agreements, including independent contractor, joint ventures, asset and real estate leasing, buy-sell, shareholder, operating, and purchase and sale agreements.
•Preparation of office and facility acquisition, development, disposition and sharing agreements.

REPRESENTATIVE EXPERIENCE

•Successfully handled merger of two large physician practice groups and hospital in multimillion- dollar Wyoming transaction.
•Established a real estate holding entity for physician practice group to purchase their operating facility in $1.4+ million transaction, creating a retirement sinking fund for physicians to buy real estate over time rather than paying rent to existing landlord.
•Handled stock purchase transaction and buyout of founding partners by remaining partners in a continuing medical education and consulting business.
•Represented medical invoice auditing firm in asset sale, including coordination of transaction with investment bankers, drafting and negotiation of asset purchase agreement, due diligence review, and corporate records - better positioning company for successful acquisition and sale.

Mr. McElhiney has a broad range of experience in real estate-related matters for property owners, developers, small business owners, landlords, tenants, construction companies and contractors. His practice regularly involves:

•The purchase and sale of real estate and related assets.
•The development of commercial, residential and mixed-use real properties.
•Title review and the handling of objectionable title encumbrances, easements, access issues and other clouds upon title.
•Secured lending and loan review for real estate transactions - including documentation, workouts, restructurings and lien and payoff disputes for both lenders and borrowers.
•Preparation and structuring of organizational documents, shareholder, and ownership agreements for corporations, limited liability companies and partnerships.
•Landlord/tenant disputes and evictions.
•Dispute resolution and ownership restructurings between adverse business owners.
•Preparation, review and analysis of real estate-related agreements, including joint ventures, leases, buy-sell agreements, purchase and sale agreements, easements and access documents.
•Preparation of office and facility acquisition, development, disposition and sharing agreements.

REPRESENTATIVE EXPERIENCE

•Negotiation of contract for $4 million strip mall sale and related environmental, development and tenant termination issues for the seller.
•Acquisition of an industrial facility construction company, and the negotiation of development options on $50 million stream of related projects for build-out.
•Disposition of $8 million of retail and commercial property for family partnership to developer, while handling all attendant financing, environmental and partnership disputes related to sale of asset portfolio.
•Negotiation of long-term, multimillion-dollar produce facility lease, including extensive refrigeration improvements and all loan documents.
•Successful workout for borrower of a multimillion-dollar loan secured by real property and personal guaranties held by the principal of the company.

Other

Other Distinctions

•Corporate Counsel of the Year for 2010 -Law Week Coloradonewspaper
•Man of the Year, 2000 - Rocky Mountain Chapter, Leukemia and Lymphoma Society

 
ISLN904991176
 


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Office Information

Matthew S. McElhiney

1801 California Street
DenverCO 80202-2658




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