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James B. Cunningham

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    Overview

    James Cunningham is a resident in our Nashville, Tennessee and Troy, Michigan offices and focuses his national practice in four primary areas:

    1. Commercial real estate acquisition, divestiture and development matters,
    2. Real estate finance and capital markets transactions,
    3. Commercial loan workouts, resolutions and enforcement actions, specifically in the CMBS industry and
    4. Corporate matters, with an emphasis on corporate mergers and acquisitions.

    James’ commercial real estate practice includes an emphasis on real estate development and financing, specifically in the hospitality industry, where he represents developers and investors in major hospitality projects located in popular tourist destinations. His commercial loan workout, resolution and enforcement practice includes an emphasis on the representation of CMBS special servicers in negotiations related to CMBS loans in default, and his corporate practice is broad, with a narrow focus on client-specific mergers and acquisition transactions.

    Experience

    • Representing developer and owner of Las Vegas-based resort properties, valued in excess of $1 billion
    • Representing developers of mixed-use, hospitality and multifamily developments in the Southeast and Southwest, including Tennessee, Texas, Florida and Georgia, with property values in excess of $500 million
    • Representing clients in commercial real estate acquisition and divestiture (“dirt”) transactions, with deal values ranging up to $200 million
    • Representing CMBS loan servicers, banks and financial institutions in all phases of the loan workout process, including transactional resolutions of all types and judicial and non-judicial enforcement actions, including receiver appointment actions, with deal values ranging from $1 million to $250 million
    • Representing clients in corporate merger and acquisition transactions involving various deal structures, with deal values ranging up to $200 million
    • Representing clients in isolated business transactions, including negotiating and drafting operating agreements, shareholders’ agreements, consulting agreements, employment agreements, joint venture agreements, management agreements, confidentiality agreements, buy-sell agreements and general service agreements
    • Serving as outside corporate counsel with respect to general corporate matters for privately held clients

    Credentials