Areas of Practice
Mr. Sahyan's practice focuses on commercial law with emphasis in lending transactions, real estate and insolvency matters. He primarily represents banks and other financial institutions in connection with unsecured loans and loans secured by various types of collateral such as real estate, equipment, inventory and other personal property. His experience includes asset-based lending, revolving and term loans, bridge loans, mortgage loans, construction loans, syndicated facilities and mezzanine debt. His insolvency practice focuses on business bankruptcies, representing various parties before the bankruptcy court, including troubled companies, committees, lenders and other creditors, trustees and purchasers of assets out of bankruptcy.
Commercial and Asset-Based Financing
•$25 million revolving credit facility to a developer and marketer of alcoholic beverages, secured by account receivables, equipment, inventory and intellectual property.
•$12 million revolving loan secured by personal property, including inventory and intellectual property, of affiliated companies involved in sale of artificial Christmas trees and decorations.
•$180 million refinancing of a syndicated revolving credit facility secured by aircraft and other personal property.
•$15 million revolving credit facility secured by aircraft.
•$105 million syndicated financing secured by ships, stock pledge, intellectual property, and related personal property.
•Acquisition of a portfolio of loans secured by fractional interests in various resorts located in the U.S. and Mexico.
•Refinancing of revolving credit facility secured by receivables from the sale of timeshare interests in resorts in San Diego, California.
Mortgage and Construction Loans
•$40.3 million acquisition financing of hotel located in San Diego, California
•$33 million refinancing of hotels located in Philadelphia and Georgia.
•$12 million construction loan for the development of apartment building in San Francisco, California.
•$5 million loan secured by a hunt club facility, lodge and personal property.
•$105 million financing to multiple borrowers secured by commercial real estate in California, Washington, and Colorado.
•$30.4 million refinancing secured by office building in Pasadena, California.
•Represented lender in various loans for acquisition/rehabilitation of apartment buildings.
Chapter 11 Cases
•Debtor Representation includes: Club One Casino (casino), Old PXPRT, Inc., fka PopExpert (e-learning),Vail Lake Rancho California, LLC, et al. (real estate and resort), Easy Life Furniture, Inc. (furniture chain), Peak Broadcasting, LLC, et al (radio broadcasting company), MMFX Technologies Corporation, et al. (producer of nanotechnology steel), The Billing Resource dba Integretel (billing aggregator) (Northern District of California), Humboldt Creamery, LLC (a dairy producer) Diablo Grande Limited Partnership (real estate Developer)
•Creditors and Equity Committee Representation includes: Metawise Group, Inc. (shipping company), Siliken Manufacturing, Inc. and Siliken USA, Inc. (solar energy company), Meridian Sports Clubs California, LLC et al., (operator of fitness clubs in California, Hawaii and Nevada), Doyle D. Heaton and Mary K. Heaton (real estate developer), Tvia, Inc. (semiconductor publicly-traded company)
•Represented lender and agent in sale of $30 million tranche of $127 million loan.
•Represented bank in adversary case alleging harm from failure to foreclose and obtained dismissal.
•Represented lender in the sale of a portfolio of real estate lots in a bulk sale transaction, following representation of seller as lender acquiring the portfolio in deed in lieu of foreclosure transaction.
•Defended a provider of electronic transaction processing services against motion for sanctions for automatic stay violation related to debt collection.
•Represented an international express mail service provider in the defense against a $17.5 million preference claim and in the successful settlement of the action.
•Extern for the Honorable Maxine M. Chesney, U.S. District Court for the Northern District of California
• Lenders Cannot Prevent Borrowers From Filing Bankruptcy By Owning Minority Equity With Veto Power Over Borrower's Decision To File Bankruptcy, Sheppard Mullin Finance & Bankruptcy Law Blog, June 30, 2016
• When Goods Are Shipped from Overseas, When Are They Considered “Received by the Debtor” for Purposes of Asserting a Section 503(b)(9) Administrative Claim? Sheppard Mullin Finance & Bankruptcy Law Blog, August 5, 2014
• The Ninth Circuit Holds that Bankruptcy Courts Have Authority to Recharacterize Debt as Equity, Finance & Bankruptcy Law Blog, May 14, 2013
• Dead Zone? Direct claims by Creditors of a California Corporation May Not Lie Against Management Based on Management's Allegedly Shifting Duties When Corporation Is in the Zone of Insolvency or Even Insolvent, Finance & Bankruptcy Law Blog, August 25, 2010
• When Are Goods Received For The Purpose Of Asserting Administrative Priority Status Under Section 503(b)(9) Of The Bankruptcy Code? Finance & Bankruptcy Law Blog, May 6, 2010, (Also published on Bankruptcy Law360 )
• Equitable Subordination of a Creditor's Secured Claim when such Secured Creditor is, itself, in Bankruptcy, Finance & Bankruptcy Law Blog, February 18, 2010
•The Myth of the Zone of Insolvency, Production Resources Group v. NCT Group, Hastings Business Law Journal, Vol. 3, No. 1 (Fall 2006)
•Easy Life Furniture to liquidate in Chapter 11
The Deal Pipeline , May 2, 2014
•Panelist, Ethics Roundtable, American Bankruptcy Institute, 24th Annual Southwest Bankruptcy Conference, September 2016
•State Bar of California
•American Bar Association
•Bar Association of San Francisco
•Bay Area Bankruptcy Forum
•American Bankruptcy Institute
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