Carter Ledyard & Milburn, Partners for Your Business
Brooks S. Clark

Brooks S. Clark



Brooks S. Clark

Partner

2 Wall Street, New York, NY 10005
212-238-8659, Fax: 212-732-3232
clark@clm.comDownload Vcard

Practice Description

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, interest rate derivative agreements under ISDA, and the restructuring of construction, bridge, and mezzanine loans secured by fee, leasehold and condo interests in office, retail and industrial properties.
 
He has extensive experience with tiered capital structures, having worked with banks and securitized lenders in transactions utilizing A/B intercreditor arrangements, mezzanine intercreditor arrangements, and co-lending agreements. During the height of the financial crisis 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.
 
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, Mr. Clark directs the real estate aspects of large corporate and M&A transactions, including, the direction of a team of assisting attorneys in connection with the simultaneous acquisition and finance (propco-opco structure) of 140 free-standing or retail mall properties located in 12 states.

Admissions

  • 1992 New York
  • 1992 Connecticut
  • 1993 U.S. District Courts, Southern and Eastern Districts of New York

Affiliations

  • Association of the Bar of the City of New York, 1992-2005
  • New York State Bar Associaiton (Member, Real Property Law Section, 1998-2005)
  • Loan Syndications and Trading Association, Inc.

Education

  • A.B., 1988 College of William & Mary
  • J.D., 1992 Benjamin N. Cardozo School of Law

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