Case Studies

Representation of Community Bank Using Personal Property as Collateral

Not every borrower has real estate to put up as collateral for a loan, but many have personal property that will provide adequate security to a lender. Personal property comprises just about everything other than real property, including goods, inventory, equipment, accounts, documents and instruments. Stock is also personal property, as are interests in partnerships and limited liability companies. Our firm provides ongoing assistance to a local community banking client in documenting secured transactions, including both the promissory note and the relevant security documents, and in perfecting the security interests to establish the bank’s priority vis-à-vis other creditors of the borrower. And we help levy on the collateral if the loan goes bad.

Creation of Dual-Rail Industrial Park

The lawyers at Kegler Brown acted as counsel to a community-based private non-profit economic development organization to acquire land through a state grant for the purpose of creating an industrial park that could be served by two competing railroads. Since the land located in the “dual-rail park” could be served by either railroad, it gave industries locating there a competitive edge when negotiating for rail transportation. In addition, because the land was acquired by a state grant, the land was offered at attractive prices (or even free) to prospective companies as an incentive to locate in the community. As a result, the community was able to attract several new companies that served the just-in-time needs of the automotive industry and created hundreds of jobs in the process.

Exchange of Real Property Between U.S. Army and Private Industrial Park

Kegler Brown acted as counsel to a privately owned industrial park to acquire adjoining land from the U.S. Army through a federal exchange program in which the private party obligates itself to construct a facility at another government-owned facility and then exchanges the new facility for the property it actually desired to acquire, namely the adjoining U.S. Army-owned land. Our firm was integral to the negotiations, including navigating through the maze of government requirements for the exchange that included approval of Congress.

Industrial Plant Acquisition by Brazilian Manufacturer from Dow Chemical Co.

Our lawyers advised Valfilm North America, Inc., a business unit of a large Brazilian packaging company, on its acquisition of The Dow Chemical Company’s Findlay, Ohio, polyolefin films plant. The transaction included elements related not only to the physical real estate assets, but also to certain intellectual property, strategic corporate tax planning, environmental implications and state tax incentives. The highly publicized transaction, was covered by The Wall Street Journal, Plastics News, and Yahoo Finance. Valfilm North America, Inc. is a part of the VALGROUP Packaging Solutions family of companies, which specializes in developing, manufacturing and marketing flexible packaging in polyethylene. The Dow Chemical Company (NYSE: DOW) is one of the world’s largest producers of chemical products.

Midwest Leasing Counsel to Fast-Casual Italian Street Food Concept

Attorneys at Kegler Brown represent a rapidly expanding fast-casual Italian street food restaurant chain and its affiliates as leasing counsel in connection with all of its commercial leasing transactions for the opening of multiple restaurants throughout the Midwest.

Leasing + Negotiation for Ohio-Based Retail Foodservice Company

Our lawyers are representing an Ohio-based national leader in artisan ice cream products as real estate counsel in connection with its leasing of retail locations throughout the United States.

Real Estate Counsel to National Fast-Casual Burger Concept

Kegler Brown represents a franchisee of a Denver-based nationally franchised fast-casual restaurant concept. The franchisee is located in Maryland, with additional locations to open in the Virginia and Washington D.C. areas. We provide general real estate, corporate and franchise counsel on an ongoing basis.