Edward McMerty focuses his practice on representing clients in regard to real estate, finance and commercial lending matters. He has managed the purchase and sale of commercial properties, served as real estate general counsel, managed mortgage loans and represented client-lenders and client-borrowers in numerous secured credit facilities, as well as represented landlords and tenants with respect to commercial leasing transactions.
Previously working as an associate in one of the world's top 100 law firms since graduating from law school, Edward has spent the past 10 years representing clients in a wide variety of real estate transactions, purchase and sales agreements, investment matters, financial restructuring and leasing transactions. Edward has also worked substantially during his career on transactional work arising from bankruptcy cases, including Section 363 real estate sale agreements and debtor-in-possession financing transactions.
Among Edward's recent accomplishments, he has:
- Managed solely a manufacturer's $140 million secured credit facility, including mortgage financing of 12 properties, representing a manufacturing borrower.
- Managed solely the purchase and sale of eight properties valued at $1 million to $10 million, including two properties with significant environmental remediation issues.
- Served as senior associate on the purchase and sale of 15 properties, including the sale of a $330 million, 21-office building portfolio, purchase/leaseback of the seller's corporate headquarters.
- Represented numerous landlords and tenants with respect to commercial, office and shopping center leasing, including ground leasing, build-to-suit leases, subleases, landlord consent to subleases, lease termination agreements and lease amendments (including term extensions and partial surrender of space amendments).
- Represented buyers and lenders in resort and hotel acquisition and financing transactions.
- Represented a regional banking association with respect to ground lease for a number of its bank branches and numerous leases amendments, including term extensions and partial surrender of space amendments, sale and leaseback of branches, and lease disputes with landlord (including CAM and operating expenses chargeback valuations).
- Represented a regional hospital with respect to leases and subleases for out-patient care, including subleases in office centers, shopping centers and grocery store sites.
- Managed solely deed in lieu of foreclosure transaction whereby national bank group took title back on an 18-story central business district office building and subsequent marketing and sale of office building to third party purchaser.
- Managed solely discounted loan payoff for national bank's $25 million loan portfolio to a local real estate developer.
- Managed solely loan extension transaction and periodic discounted loan payoff for national bank's $33 million loan portfolio to a national real estate developer, including periodic lender-directed sales of portfolio projects.
- Served as senior associated and primary real estate counsel to national bank groups in global restructuring transaction among multiple national bank group as to $125 million loan portfolio for local real estate developer.
- Managed solely the representation of a client, who was the second mortgagee of a failed shopping center project, in state court litigation with appointment of receiver and bankruptcy case, including several proposed sales of the property.
- Served as a commercial real estate investment firm/developer's sole in-house counsel during the client's general counsel's eight-week leave of absence.
- Managed solely an automobile finance company's national commercial mortgage and construction mortgage loans to its affiliated auto dealer customers valued at $1 million to $15 million.
- Managed solely a manufacturer's $115 million secured credit facility, including mortgage financing of 12 properties representing a manufacturing borrower.
- Represented client lenders on numerous secured credit facilities ranging from $25 million to $110 million, including a public bond financing.
- Represented a client-lender in its borrower's bankruptcy case, including participation in negotiation of debtor-in-possession (DIP) loan agreement, drafting numerous DIP financing motions and matters related to the bankruptcy sale of the borrower's real property and landfill business.
- Represented buyers in Section 363 real estate sale agreements for acquisition of property from a bankruptcy estate.
- Represented a commercial mortgage lender in connection with the drafting and filing of 120 proofs of claim asserting the client's lease termination claims in a large retailer bankruptcy case.
- Represented client borrowers or client lenders on numerous secured credit facilities ranging from $15 million to $135 million, including secured bond financing.