Brigitte Gawenda Kimichik
Partner
Brigitte has experience in all areas and with all types of commercial real estate (including shopping centers, hotels, office buildings, office parks, industrial parks, restaurants and franchise properties, including fast-food establishments, gas stations and convenience stores). She advises clients on transactions involving real estate portfolios and multiple properties in multiple states, emphasizing lending, leasing, sales and acquisitions, sale-leaseback transactions and note sale transactions.
Brigitte represents landlords and tenants in leasing transactions for all types of commercial properties, including master leases in the multiple property context and sale-leaseback transactions. In addition, she assists buyers, sellers and investors in the acquisition and disposition of all types of commercial properties (with special focus in hotels and franchise properties), handling the preparation and negotiation of purchase and sale agreements, brokerage, marketing and management agreements.
Brigitte works in all areas of commercial finance and asset-based lending transactions with special focus in hotel transactions and franchise loan transactions involving fast food restaurants, convenience stores and gas stations, including the financing of sale-leaseback transactions involving portfolios of multiple properties in numerous states.
In the defaulted loan, workout and restructure context, Brigitte has substantial experience representing lenders, servicers and borrowers in problem loan transactions, including forbearance and settlement agreements, modifications and workouts, property dispositions in the receivership and bankruptcy context, property substitutions, deed in lieu agreements, foreclosures and post-petition debtor-in-possession financing.
Brigitte is a member of the firm's Policy Committee, Partners and Professional Development Committees, a recurring past member of the Associates Commitee and was the Dallas Hiring Partner from 2001 to 2005. She is also a member of the Economic Recovery/Governmental Opportunities Task Force and the Subprime and Distressed Assets practice group.
Representative Experience
- Representation of lenders and borrowers in mortgage loan and sale-leaseback financing transactions in multiple states involving all types of commercial properties, including hotels and franchise properties
- Representation of lenders and servicers in defaulted loan transactions, including forbearance agreements and standstill agreements, and ultimate successful restructuring of collateral and underlying debt, including substitutions of collateral to improve loan to value ratios
- Representation of servicer in receivership of borrower and resulting asset sale/liquidation of borrower's 112 restaurants located in multiple states, including resolution of vendor disputes, seizures of personal property contemplated by taxing authorities, mechanic's liens claims, franchisor claims and landlord litigation affecting underlying leasehold properties
- Representation of investors and lenders in connection with the acquisition and disposition of troubled loans and the conduct of related due diligence
Publications
- Rescuing Underwater Real Property (pdf) (October 2011)
- "Purchasing Loans? Ten Warning Signs for Investors," (pdf) Private Mortgage Finance Association (February 2010)
- "12 Ways to Get Lenders to Call Back," (pdf) Scotsman Guide (October 2009)
- CMBS Counselor - Spring 2006
Events
- "Managing Small Balance Loans," Trigild Conference on "Lighting the Tunnel," San Diego, California (October 22, 2010)
- "Dealing with Businesses in Distress: Minimizing Risks and Maximizing Opportunities," Andrews Kurth Panel Presentation (June 2, 2009)
- "Structuring Commercial Real Estate Workouts," (May 15, 2009)
- "Asset Disposition" and "Receivership," Trigild Lender Conference on "Strategies for Non-Performing Loans," San Diego, California (November 3, 2005)
- "Tenant Lease Considerations in Bankruptcy," Corporate Revitalization Partners LLC Conference (June 21, 2002)
- "Legal Due Diligence Considerations From a Purchaser and Lender Perspective," 2000 C-Store and Retail Petroleum Symposium, Atlanta, Georgia (February 9, 2000)
- "Top 10 Issues Negotiated in Securities Lending Transactions," 14th Annual Real Estate Law Conference (July 23-24, 1998)
