Matters

Private Lender – Construction Loan – Washington State

Represented a private lender on a construction loan for the demolition of a motel and construction of 121 apartments on the property located in Fife, Washington.

Global Holdings – $23.6 Million Mortgage Loan – Brooklyn, NY

Represented Global Holdings in a $23.6 million mortgage loan from Federal Home Loan Mortgage Corporation (Freddie Mac) for a multifamily residential project located in Brooklyn, New York.

ProSURF – Formation of Investment Fund – Debt and Equity Investments

Represented ProSURF New Urban Partners, L.P. in connection with the formation of its investment fund and its note purchase agreement with Renaissance Downtowns Urban Holdings, which was secured by various subsidiary equity interests and development contract rights for entire communities, including the Village of Hempstead, NY and New Rochelle, NY. Herrick continued to represent ProSURF in connection with its debt-to-equity conversion in Renaissance Downtowns, as well as additional equity investments.

Israeli Debt Fund – Multi-jurisdictional Loan Restructuring

Represented an Israeli debt fund in a multi-jurisdictional loan restructuring a collateralization in the United States. 

National Banking Association – Standby Letter of Credit Facility

Represented a national banking association as the lender in connection with (i) a standby letter of credit facility (the “LOC”) for an asset management firm, as the borrower, and (ii) an amendment to an existing credit facility, with our client as administrative agent and collateral agent, to permit issuance of the LOC.  The LOC serves as collateral for a surety bond. 

Conversion of Membership Interests in Real Estate Projects

Represented a domestic client in the conversion of membership interests in real estate projects to an $18 million loan to AYA New York Ltd., a British Virgin Islands company limited by shares, subject to a bond offering by the borrower on the Tel Aviv Stock Exchange. 

Private Lender – Acquisition Loan – Lanham, Maryland

Represented a private lender in an acquisition loan secured by an industrial building located in Lanham, Maryland, west of Washington D.C. 

ACRES Capital – $56 Million Refinance – Columbus, OH

Represented ACRES Capital in connection with the refinance of a $56 million mortgage loan on a mixed-used project including a multifamily residential apartment complex comprised of 230 units and 20,306 square feet of occupied commercial retail space located in Columbus, Ohio. Additionally, we represented ACRES in connection with the subsequent participation of the loan and assignment of the loan into a securitization.

ACRES Capital – $55 Million Refinance for Mixed-Use Multifamily – Columbus, OH

Represented ACRES Capital in connection with the refinance of a $55 million mortgage loan on a mixed-used project including a multifamily residential apartment complex comprised of 164 units and 2,606 square feet of unoccupied commercial retail space located in Columbus, Ohio. Additionally, we represented ACRES in connection with the subsequent participation of the loan and assignment of the loan into a securitization.

Yellowstone Real Estate Investments – Issuance of Unsecured Bonds on TASE

Represented Yellowstone Real Estate Investments in issuing unsecured bonds on the Tel Aviv Stock Exchange, raising approximately $200 million.

CIT Bank – $88 Million Construction Loan – Brooklyn, NY

Represented CIT Bank, a division of First-Citizens Bank & Trust Company, on an $88 million construction loan secured by property located at 380 4th Avenue in Gowanus, Brooklyn.

$36 Million Construction Loan for Roslyn, NY Development

Represented a family office and its joint venture partner in a $36 million construction loan with Provident Bank as well as review of the construction documents for the development of a mixed use building in Roslyn, New York.

$40 Million Refinancing – Red Hook, Brooklyn

Represented a private lender on a $40 million refinancing secured by industrial property in the Red Hook neighborhood of Brooklyn. 

G4 Capital Partners – $29.5 Million Loan – Brooklyn, NY

Represented G4 in connection with a $29.5 million acquisition and pre-development loan for the development of property located in Brooklyn, New York for both residential and commercial use.

Bowery Residents’ Committee – Joint Venture for NYC Affordable Housing

Represented Bowery Residents' Committee in connection with its joint venture with Camber Property Group to develop an affordable housing project comprising supportive housing and transitional housing in Queens, NY. The transaction involved construction financing for each of the supportive housing development and transitional housing development.  

Kriss Capital – $37 Million Construction Loan – Manhattan, NY

Represented Kriss Capital LLC on a $37 million construction loan secured by property located at 4560 Broadway. The Herrick team also represented Kriss Capital in connection with the syndication of the loan with Valley National Bank and LibreMax.

Bank Hapoalim – $165 Million Manhattan Acquisition & Construction Loan – Manhattan, NY

Represented Bank Hapoalim as senior co-lender in a $165 million acquisition and construction loan to Moinian Group for the construction of mixed-use residential and hotel property at 7 Platt Street in Manhattan.

Valley National Bank – $140 Million Syndicated Construction Loan for Manhattan Luxury Condo

Represented Valley National Bank on a $140.4 million syndicated construction loan to a subsidiary of El Ad Group, a major international development company. The proposed 32 story project consists of 42 residential luxury condo units located in the Upper East Side. Herrick was also responsible for negotiating an intercreditor agreement with the B-piece lender as well as a recognition agreement with the preferred equity lender.

Rechler Equity – $33.5 Million Refinancing

Represented Rechler Equity in a $33.5 million refinance of construction loan secured by a hotel in Hampton Bays.

ACRES Capital – Loan for Self-Storage Facility – Marietta, GA

Represented ACRES Capital, LLC in connection with a $16 million first mortgage loan to refinance debt on a newly constructed 77,060 square foot, 806-unit self-storage facility in Marietta, GA.

Community Preservation Corporation – $29 Million Morris Heights Mews Affordable Housing Joint Venture in The Bronx

Represented The Community Preservation Corporation in a joint venture with Camber Property Group to acquire Morris Heights Mews, a 100 percent affordable property in The Bronx, for $29 million, which will preserve and extend affordability for 111 units. A new 20-year Section 8 contract was executed, and the joint venture will undertake approximately $3 million in improvements to the complex.

Sumitomo Mitsui Trust Bank – Acquisition & Construction Loan – Houston, TX

Represented Sumitomo Mitsui Trust Bank as lender in connection with an acquisition and construction loan of approx. $76 million to a developer who plans to demolish an existing retail strip center and build an approximately 12 story, 209-unit market rate multifamily project with approximately 2,867 square feet of ground floor retail in Houston, TX.

Private Lender – $60.5 MIllion Condominium Inventory Loan – Queens, NY

Represented a private lender in a $60.5 million condominium inventory loan in Long Island City, Queens.

$35.75 Million Financing Secured by Opportunity Zone Property

Represented a developer in connection with a $35.75 million financing secured by a recently completed multi-family project located in a New Jersey Qualified Opportunity Zone.

BHI Sale of $80 Million Loan Secured by NYC Hotel

Represented BHI in the sale of its $80 million loan secured by a New York City hotel to an investor group headed by an Israel-based private equity firm. In connection with the sale, BHI provided the firm with $57 million in note on note financing.

$51 Million Manhattan Condominium Inventory Loan

Represented a private lender in a $51 million condominium inventory loan in New York City’s Financial District.

Valley National Bank – $252 Million Construction Loan – Brooklyn, NY

Represented Valley National Bank on a $252 million syndicated construction loan for a property located in Coney Island, Brooklyn. The planned development includes a three-tower complex with 499 luxury rental units, 38,276 square feet of street-level retail space and 21,500 square feet of community facility space. This complex deal also involved series mortgages, zoning challenges, an amended and restated condominium declaration and a 421-a tax component.

$130 Million Refinance – NYC Owner/Operator & JV with Investment Fund

Represented a New York City owner/operator as part of a joint venture with an investment fund entity in a $130 million refinance of a loan secured by a multi-state portfolio of over 20 commercial-use properties. Herrick advised our client in its negotiation and execution of the loan transaction and a preferred equity arrangement. Herrick also represented our client in the concurrent reorganization at closing of the existing property-owning entities into Delaware-domiciled entities by merger or conversion with simultaneous qualification to transact business in their states of original formation.

Centennial Bank – $30 Million Mortgage Loan for Mixed-Use Development Site

Represented Centennial Bank on a $30 million mortgage loan financing the acquisition of a development site for a mixed use project outside of an urban center, which included mezzanine debt, preferred equity and a crowdsourced equity investment. 

Private Real Estate Investor – Preferred Equity Investments Texas & California

Represented a private real estate investor actively involved in the multifamily space in the closing of three preferred equity investments in multifamily properties located Texas and California.

Centennial Bank – $52 Million Construction Loan – Queens, NY

Represented Centennial Bank in connection with an extension of a $52 million construction loan of a mixed used commercial building located at 345-367 Flushing Avenue, Brooklyn, and the negotiation of an intercreditor agreement with an affiliate of Be-Aviv related to a new mezzanine loan in the amount of $16 million.

Rechler Equity Partners – Amazon Fulfillment Center

Represented Rechler Equity Partners in the leasing, financing and development of a distribution facility for Amazon in Suffolk County, New York.

Private Lender – Acquisition Loan – Cinnaminson, NJ

Represented a private lender in an acquisition loan with respect to an industrial outdoor storage facility in Cinnaminson, New Jersey. 

Private Lender – Condo Inventory Loan – Manhattan

Represented a private lender in a condominium inventory loan in the Gramercy neighborhood of Manhattan.

Joint Venture for Mixed Use Development – Manhattan

Represented a joint venture comprised of a prominent real estate development company and a global holding company in connection with the development of a 23-story mixed-use building in the Midtown East neighborhood of Manhattan. This representation has included, among other aspects, representing the joint venture as borrower in connection with a $95 million construction loan, as well as representing the joint venture in connection with the initial acquisition and financing of the development site and related unused development rights from a neighboring property through zoning lot merger.   

First-Citizens Bank & Trust Company – $57 Million Construction Loan – Wilmington, MA

Represented First-Citizens Bank & Trust Company in connection with a $57 million construction loan for a to-be constructed 237,880 sq. ft. industrial warehouse and distribution facility located at 800 Salem Street, Wilmington, Massachusetts.

Michman Basad – Hotel Financing

Represented Michman Basad, an Israel-based financial services company, in a proposed loan to an international hospitality company and hotel developer.

$27.5 Million Refinancing of Multifamily – Long Island

Represented a BVI corporation listed on Tel Aviv Stock Exchange in the $27.5 million refinancing of multifamily project in Long Island, NY.

Repayment of Series C Debentures

Represented a BVI corporation listed on Tel Aviv Stock Exchange in the repayment of Series C debentures.

KABR Group – $120 Joint Venture for 600 Columbus Avenue

Represented KABR Group in the $120 million joint venture to acquire 600 Columbus Avenue, a 14-story multifamily building plus additional air rights on Manhattan’s Upper West Side. The property, spanning the block between 89th and 90th Streets, features 166 apartments, 27,500 square feet of retail space, and 100 parking spots. The acquisition is the largest single multifamily purchase in New York City in 2023. 

Major New York Bank – $47.6 Million Loan

Represented a major New York bank as lender on a $47.6 million loan to a New York based real estate investment firm, collateralized by underlying mortgage and mezzanine loans in the aggregate amount of $68.6 million secured by residential condominium units located in New York, NY.

Joint Venture for Mixed-Use Development – Chelsea, Manhattan

Represented a joint venture comprised of a prominent real estate development company and a global holding company, as borrower, in connection with a construction loan to facilitate the development of a 7-story mixed-use building in the Chelsea neighborhood of Manhattan.     

Leumi Partners – $123 Million Mezzanine Loan for Brooklyn Development

Represented Leumi Partners Ltd., as mezzanine lender, in an aggregate construction financing facility of $123 million for a mixed-use development construction project in Brooklyn, New York.

Phoenix Insurance – $78 Million Construction Loan – Brooklyn, NY

Represented Phoenix Insurance Company in acquiring a $55.5 million senior participation interest in a $78 million construction loan to finance the development of a Class A, 27-story multifamily rental building in Brooklyn, New York.

$27.5 Million Refinancing of Multifamily – Long Island, NY

Represented a BVI corporation listed on Tel Aviv Stock Exchange, in the $27.5 million refinancing of multifamily project in Long Island, NY.

BVI Corporation – Repayment of Series C Debentures

Represented a BVI corporation listed on Tel Aviv Stock Exchange, in the repayment of Series C debentures.

Debt Fund -$185 Million Construction & Condo Inventory Loan

Represented a debt fund in connection with a $185 million construction and condo inventory loan for the completion of construction of a luxury residential condominium building in midtown Manhattan.

$55.3 Million Refinance for Industrial Property – KABR Group

Represented KABR Group in connection with a $55.3 million refinance of a loan from Acore Capital Mortgage for an industrial property on Jamaica Avenue in Hollis, Queens.

First-Citizens Bank & Trust Company – $52.3 Million Construction Loan – Florida

Represented First-Citizens Bank & Trust Company in connection with a $52.3 million construction loan to a joint venture comprised of Wheelock Street Capital and Foundry Commercial for the construction of an industrial building located at 3800 S. Congress Avenue in Boynton Beach, FL.

Preferred Bank – $26 Million Construction Loan – Brooklyn, NY

Represented Preferred Bank in connection with a $26 million construction loan for a project located at 170 Freeman Street, Brooklyn consisting of an eight-story, mixed-use building containing 67 apartments, 21 of which are projected to be affordable, and a street-level retail space comprising around 59,000 square feet of gross building area.