Brooks S. Clark
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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 investment, domestic and international banks, and private equity funds in the areas of real estate finance and property acquisition and development. Mr. Clark’s experience representing both institutional lenders and property owners uniquely positions him to be able to provide pragmatic and balanced advice to his clients.
Mr. Clark’s real estate finance experience includes the negotiation of construction, bridge and permanent loans secured by air rights, and fee, leasehold and condo interests in office, retail and industrial properties, intercreditor agreements, and interest rate derivative agreements. He is accustomed to working with tiered capital structures, having worked with lenders and B-piece buyers on transactions utilizing pooling and servicing agreements, participation agreements, mezzanine intercreditor agreements, 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, and innovative financing structures, 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) 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.
Practice Areas
Education
- A.B., 1988 College of William & Mary
- J.D., 1992 Benjamin N. Cardozo School of Law