Diane K. Auerbach

• Finance − Lenders: Institutional lenders and life insurance companies on construction, permanent and mezzanine loans across the country. Diane's practice includes structured finance; project finance with a particular focus on transit-oriented development projects; defeasance transactions; and bond financing
• Finance − Borrowers: Major owners of office buildings, residential mixed-use properties and shopping centers
• Development – Diane has structured and closed complex infrastructure finance projects totaling more than US$5 billion. She has experience with many types of development projects especially transit-oriented development projects and other similar projects involving the construction and financing of major transportation systems including transit rail, highways, ports and bridges
• Purchase and Sale − Diane represents purchasers and sellers of large assets (office, multi-family, retail, hotels and other property types).  Clients include private equity funds, hedge funds and REITs
• Distressed Debt/Workouts – Diane has represented banks and borrowers on distressed loans and investors who have purchased distressed debt, including mortgage and mezzanine debt

Transactions

• Represented buyer of an office building complex totaling 280,000 square feet structured as a sale-leaseback transaction, which included the negotiation of an office lease with seller, acquisition financing with lender, subdivision of parcels for future development, and the negotiation with the Federal Bureau of Investigations for the extension of its lease and construction build-out of its premises and adjoining parking facility
• Represented REIT in the sale of the planned headquarters of a federal agency, together with the drafting and negotiation of a development management agreement whereby the REIT seller would remain involved with the project as the development manager
• Represented private equity investor in an off-market, privately-negotiated US$46 million acquisition of defaulted senior and subordinate loans from KeyBank secured by a massive retail/transit complex subject to a 99-year ground lease with The Washington Metropolitan Area Transit Authority, which involved the negotiation of project finance documents including the drafting and negotiation of a Note Sale Contract, a Loan Assumption Agreement and a Covenants & Easements Agreement with respect to rail transit parking facilities to provide the perpetual parking for transit commuters
• Represented REIT in the sale of two retail portfolios totaling over 1.65MM square feet
• Represented institutional lender in the origination of a $138MM loan to acquire a 28-building office and industrial portfolio totaling nearly 1.3MM square feet
• Advised insurance company as the administrative agent in the origination of a US$70 million loan for the construction and expansion of medical buildings and parking facilities located on the Johns Hopkins Medical Campus
• Advised foreign bank as lender, administrative agent and arranger, in the US$39 million financing for the construction and refurbishment of two cargo facilities at Chicago O'Hare International Airport
• Negotiated pledge and security agreements for cash secured letters of credit totaling US$2 million with The Port Authority of New York and New Jersey secured by ground lease payments to The Port Authority for airline cargo facilities located at John F. Kennedy International Airport and Newark Liberty International Airport
• Represented foreign buyer in the US$94 million acquisition of a Class-A office building totaling 147,000 square feet including the transfer of letters of credit and other security instruments
• Represented institutional lender in the origination of construction and term loans for the development, construction and leasing of office, hotel, casinos, retail and residential complexes, including, transactions involving foreign buyers/borrowers, regulatory agencies, municipalities, subordinate lenders, mezzanine debt and the US General Services Administration
• Evaluated loan portfolios on behalf of domestic bank to develop, recommend and establish acceptable exit strategies and resolutions for defaulted loans with the intention of protecting credit security, maximizing recovery and devising comprehensive oversight policies
• Supervised and managed a team of professionals in the drafting of loan documents, security instruments and the review of due diligence in connection with a US$126 million bridge and permanent loan secured by 27 properties located in 8 states