Brian J. Klein
Partner
Overview
Brian Klein has extensive experience representing banks, insurance companies, and other capital providers in all forms of commercial financing transactions, including large loan syndications. These include the areas of general commercial lending, asset-based lending, mezzanine/second-lien loans, real estate term and construction financing, indenture trustee representation, project finance, equipment leasing, and chattel paper warehouse financing. Brian has also served as lead counsel on numerous transactions involving the structuring and documenting of syndicated secured loans, management contracts, and other commercial agreements with Indian tribes located in the United States and Canada.
Brian's practice further includes significant representation of lenders in workouts and foreclosures as well as creditor representation in bankruptcy; workout and bankruptcy representation of indenture trustees in defaulted public and private debt issuances; and representation of bank holding companies and owners of financial institutions in connection with a wide range of regulatory matters, including change in bank control applications.
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 $110 million syndicated warehouse credit facility to a residential contractor finance company, secured by portfolio of mortgage loans.
- 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.
- National bank in connection with the foreclosure of a significant office/retail building.
- 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 debt 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.
- 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.
- Bank holding company in connection with change of control application.
- Bank stock lender with respect to foreclosure of bank stock loan and sale of bank.
Honors
BV Distinguished, Martindale-Hubbell®