Brian J. Klein
Partner
Overview
Brian Klein has extensive experience representing financial institutions and other capital providers in all forms of commercial financing transactions. These include the areas of general commercial lending and leasing, asset-based lending, loan syndications, mezzanine/second-lien loans, real estate term and construction financing, indenture trustee representation, project finance, and chattel paper warehouse financing. Brian has further served as lead counsel on numerous transactions involving the structuring and documenting of secured loans, management contracts and other commercial agreements with Indian tribes located in the United States and Canada.
Brian also regularly represents lenders and corporate trustees in workout and restructuring matters. These matters include representation of indenture trustees in defaulted municipal and corporate bond issuances, collateralized debt obligations, and mortgage-backed securities, together with trust instruction proceedings related to the administration of corporate trusts.
Brian is also a member of Maslon's Real Estate Group and has represented owners in all aspects of commercial real estate, including acquisition, leasing, and financing matters.
Experience
Has represented:
- National bank as agent in $500 million secured syndicated revolving loan facility to an oil and gas jobber and operator of multi-state chain of convenience stores.
- National lender in connection with a $200 million revolving credit facility to a U.S. industrial manufacturer with operations in Australia, Canada, and the UK.
- National lender in connection with a $40 million real estate acquisition and construction financing for a Las Vegas condominium project.
- National asset-based lender in connection with the workout of a large asset-based credit facility to a multi-state food processing company.
- Hedge fund in workout of several large corporate dairy farmers in the southeastern United States.
- Indenture Trustee in connection with default involving $8.3 billion of bonds issued by Puerto Rico Electric Power Authority.
- Indenture Trustee related to defaulted bond restructuring involving Windstream Services.
- Indenture Trustee in bankruptcy and reorganization of large wireless telecommunications company involving conversion of existing notes to equity and issuance of new high yield notes.
- Indenture Trustee in workout and bankruptcy restructuring of public bond issuance to oil and gas developer secured by oil and gas interests in multiple jurisdictions.
- Indenture Trustee with respect to foreclosure of real estate project and collection of municipal bond issuance, with related trust instruction proceeding.
- Real estate developer in connection with the acquisition, redevelopment, and leasing of a retail strip center.
- Investment underwriter in connection with the placement and underwriting of project financing for a Native American gaming enterprise.
- Indian gaming management company involving the negotiation of development, management, and financing agreements with a Native American Tribe for the development of a gaming enterprise and related amenities.
Honors
Selected for inclusion in The Best Lawyers in America®, 2021-2022