Nathan S. Seim
PEOPLE

Nathan S. Seim

Partner
seim.nathan@dorsey.com

Overview

NATE USES HIS BUSINESS BACKGROUND AND PRACTICAL APPROACH TO REPRESENT LENDERS AND BORROWERS IN ALL KINDS OF LENDING, RESTRUCTURING AND PROGRAM TRANSACTIONS.  IF LOANS GO INTO DEFAULT, NATE USES HIS CREATIVE AND PRAGMATIC APPROACH TO ASSIST SECURED LENDERS, TRUSTEES AND RECEIVERS IN RESTRUCTURING LOANS, FORECLOSING ON COLLATERAL AND PURSUING COLLECTION EFFORTS IN A COST-EFFECTIVE MANNER.

Nate represents national, regional and industrial banks, other types of lenders and private equity borrowers in a wide array of lending transactions, including construction and real estate loans, project finance transactions, syndicated transactions, private equity sponsor and acquisition finance, asset-based lending (ABL), and mezzanine transactions.  Nate also has extensive experience in low-income housing tax credit (LIHTC) lending transactions, and Nate serves as outside general counsel to a large affordable housing lender in the Rocky Mountain region.

In addition to lending transactions, Nate represents lenders and other companies with respect to various program agreements between a lender and its partners, including with respect to loan origination, loan servicing, and loan participation.   

Nate also has extensive experience in out-of-court workouts, judicial and non-judicial foreclosure of real and personal property (including under the Uniform Commercial Code (UCC)), appointing receivers over companies and assets, complex collection matters (including obtaining pre-judgment writs of replevin and execution), and representing creditors, trustees and receivers in judicial and bankruptcy proceedings.

 

Education & Admissions

University of Minnesota Law School (J.D., 2009), magna cum laude, emphasis in Business law, Managing Editor Minnesota Law Review

University of Utah (B.S., Marketing, 2006), magna cum laude

Admissions

  • Utah
  • U.S. District Court for the District of Utah
  • U.S. Bankruptcy Court for the District of Utah

Experience

Representative Work

Recent Construction and Real Estate Lending Representations

  • Represented lender in a $55 million construction loan for new headquarters of the borrower in Utah
  • Represented lender in a $20 million construction loan for a hotel in Utah
  • Represented lender in a $39 million construction loan for a multifamily housing project in Utah
  • Represented lender in a $66 million construction loan for an industrial project in Utah
  • Represented lender in a $33 million real estate acquisition loan for a multifamily project in Texas
  • Represented lender in a $20 million refinance of a commercial property owned by tenants in common (TIC)
  • Represented lenders in several different real estate transactions for the acquisition of commercial properties (including shopping centers, retail stores, office buildings, medical plazas and self-storage facilities) in Nevada, Arizona, California, Colorado and Missouri.
  • Represented lender in a $24 million loan to a home owners’ association (HOA) secured by an assignment of the HOA’s assessment rights to owners of condominium units

Recent Project Finance Lending Representations

  • Represented lender in a $38 million construction and term loan for borrower’s natural gas project in Colorado
  • Represented lenders in several project financings for renewable energy projects throughout the United States
  • Represented private equity borrower in a $70 million construction and term loan for borrower’s egg production project in Washington and Oregon
  • Represented borrower in a $50 million facility relating to borrower’s alcohol production facility in Ohio.

Recent Personal Property Lending Representations

  • Represented lender in a $10 million loan secured by borrower’s right to call capital commitments from members
  • Represented agent lender in a $55 million loan to a borrower in the medical device industry
  • Represented agent lender in a $150 million loan to a borrower in the legal industry
  • Represented lender in a $50 million loan to a borrower in the video game terminal (VGT) industry
  • Represented lender in a $30 million sponsor acquisition loan to a borrower in the travel industry
  • Represented lender in an asset-based loan to borrower in the automated teller machine (ATM) industry
  • Represented lender in several different lending transactions to irrevocable trusts secured by collateral assignments of the cash value of life insurance policies and other collateral
  • Represented wholesale and retail borrower and related entities in a $1 billion ABL transaction
  • Represented cooperative association and related entities in a $1 billion loan facility
  • Represented grocery chain and related entities in a $300 million line of credit transaction

Recent Program Agreement Representations

  • Represented lender with respect to a loan origination and loan servicing agreement with a fintech company relating to home improvement loans
  • Represented lender with respect to a loan origination and loan servicing agreement with a fintech company relating to loans for medical procedures
  • Represented lender with respect to a loan origination and loan servicing agreement with a company relating to loans secured by government contract receivables
  • Represented company with respect to a loan origination and loan servicing agreement with a bank relating to payday advance loans

Recent Workout, Restructuring, Foreclosure and Collection Representations

  • Represented lender in restructuring a $30 million loan secured by a hotel and condominium units
  • Represented lender in restructuring several affiliated loans secured by restaurants and real property
  • Represented hospital and several of its clinic subsidiaries in restructuring a loan with a lender
  • Represented lender in a deficiency action after non-judicial foreclosure of commercial real property
  • Represented lender in a UCC foreclosure sale of equipment and inventory of borrower in the plastics industry
  • Represented lender in a UCC foreclosure sale of equipment and inventory of borrower in the medical industry
  • Represented lender in non-judicial foreclosure and sale of commercial real properties
  • Represented lender and lessor in judicial collection action (and subsequent bankruptcy), including obtaining pre-judgment writ of replevin, relating to a borrower in the crane and construction industry
  • Represented lender and lessor in judicial collection action (and subsequent bankruptcy), including obtaining pre-judgment writ of replevin, relating to a borrower in the electrical contracting industry
  • Represented lender in a judicial foreclosure and collection action relating to a borrower in the rail industry

Industries & Practices

  • Banking & Financial Institutions
  • Bankruptcy & Financial Restructuring
  • Commercial Litigation
  • Corporate Governance & Compliance
  • Lending Transactions
  • Real Estate & Land Use

Professional & Civic

Community Involvement

  • Executive Committee Member, And Justice For All
  • Board Member, City Academy Charter School

Accolades

  • Listed as a "Rising Star" by Mountain States Super Lawyers, 2015-2019
  • Named one of Utah’s Legal Elite by Utah Business Magazine, 2015-2021
Nathan S. Seim