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Mr. Clark’s practice focuses on advising foreign and domestic banks, private equity funds, and investment banks on all aspects of real estate finance, including, securitized lending, co-lending and intercreditor issues, and the restructuring of construction, bridge, and mezzanine loans secured by fee, leasehold and condo interests in office, retail, and industrial properties.

Mr. Clark also has extensive experience in sale-leaseback transactions involving long term ground and space leases, having represented private equity funds and the corporate finance group of a large investment bank in the successful completion of more than 100 long-term (as well as construction-period) sale-leaseback transactions involving over 700 office, industrial and retail facilities both on- and off-balance sheet. He has engineered affiliated-company “true” leases (i.e., propco-opco structures) on which substantial secured and unsecured third-party financings were premised.

In addition, during the height of the financial crises from June 2008 to September 2009, Mr. Clark represented German and Irish Banks in connection with the restructure and workout of more than $900 million in construction loans to developers in New York City, Boston, Miami, and Washington, D.C.

SpecialtiesReal estate finance and private equity investing, including, securitized lending, credit tenant leasing, workouts, foreclosures, general real estate and structured finance matters, real estate sales and acquisitions, outsourcing, and leveraged leasing.

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Partner, Carter Ledyard & Milburn LLP

National practice focused on commercial lending, and financing and disposition of net-leased properties, including: negotiating and drafting of note sale agreements, formulation of distressed asset recovery strategies, in-depth analysis of intercreditor issues, loan restructurings, workouts, direction of foreclosure proceedings and sale-leasebacks. Responsible for deal structuring, day-to-day management of client relationships, leadership and direction of assisting attorneys, and negotiating and drafting documentation for and closing of transactions.

Counsel, Kaye Scholer LLP,
July 2006 – August 2009

Large law firm practice focused on commercial lending, syndication and disposition of real estate, including: negotiating and drafting of finance, joint venture, hotel operating and franchise agreements, loan restructurings, workouts, and direction of foreclosure proceedings. Responsible for deal structuring, day-to-day management of client relationships, leadership and direction of assisting attorneys, and negotiating and drafting documentation for and closing of transactions.

Extensive experience in workouts of construction loans, representing international banks in the workout of over $900 million in construction and bridge loans during the height of economic crisis in 2008 and 2009.

Partner, Wolf, Block, Schorr & Solis-Cohen LLP,
March 2001 – June 2006

National practice focused on commercial lending, syndication, and financing and disposition of net-leased properties, including commercial real estate sales and acquisitions, sale-leasebacks, leveraged leases, project finance and real estate finance. Responsible for deal structuring, growth and management of client relationships, leadership and direction of assisting attorneys, and negotiating and drafting documentation for and closing of transactions.

Associate, Brown, Raysman, Millstein, Felder & Steiner LLP,
January 1998 – March 2001

Lead attorney on a broad range of commercial transactions, including, real estate purchases and sales, real estate and corporate finance, restructurings, foreclosure proceedings, retail and office leases, leveraged leases, computer and manufacturing outsourcing agreements, and equipment and asset sales.

Corporate Counsel, Financial Packaging Companies,
May 1994 – January 1998

Represented a real estate company, which owned or controlled net-leased retail and industrial facilities in New England, the Midwest, the Southwest, and the Southeast through over sixty general and limited partnerships and limited liability companies. This work included asset management, commission and employment agreements, structuring workouts of distressed assets, renegotiation of loan terms and modification of recourse and principal payment guaranties.

The College of William and Mary, A.B., History, with concentration in French History, 1984 – 1988

Activities and Societies: US Army ROTC

Awarded an AV® Peer Review Rating by Martindale-Hubbell
Association of tbe Bar of the City of New York
The Loan Syndications and Trading Association, Inc.
The Adirondack Forty-Sixers - #1834
Boad of Directors, Onteora Club
Board of Directors, Mountain Top Arboretum (2002-2008)

PUBLICATIONS: NEW YORK LAW JOURNAL: “Credit Tenant Lease Market Likely to Grow,” New York Law Journal, Real Estate Title and Insurance Trends, November 26, 2001 by Michael Pollack and Brooks S. Clark.

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