Overview
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
Explore This Practice View client achievements related to this practice View resources related to this practiceBankruptcy & Financial Restructuring
Explore This Practice View client achievements related to this practice View resources related to this practiceCorporate Governance & Compliance
Explore This Practice View client achievements related to this practice View resources related to this practice- Banking & Financial Institutions
- Bankruptcy & Financial Restructuring
- Commercial Litigation
- Corporate Governance & Compliance
- Lending Transactions
- Real Estate & Land Use
