Mark R. Nethers

(480) 429-4853
Partner
(480) 429-5001 Fax
Mark.Nethers@KutakRock.com

Mr. Nethers is the Regional Managing Partner in Scottsdale and Chair of the Scottsdale office’s real estate and corporate department. He focuses his practice on commercial lending and net lease transactions, as well as loan and lease workouts, restructures and modifications, with a special emphasis on restaurant and hotel/hospitality finance. He has extensive experience in documenting complex, multi-jurisdictional secured lending and lease transactions, including construction lending, master leases and build-to-suit leases. Mr. Nethers has acted as lead counsel to providers of capital in hundreds of transactions involving commercial real estate, including loan and lease documentation, bankruptcy-remote entity structuring, fraudulent conveyance analysis, property and loan and lease portfolio due diligence, title insurance analysis, legal opinion review and analysis and loan sale requirements.

Representative matters for which Mr. Nethers acted as lead counsel include:

  • Counsel to a lending institution in connection with a $200,000,000 mortgage loan secured by 500 real property locations utilizing four pools of bankruptcy-remote borrowers and downstream operating leases.
  • Counsel to a finance company in connection with the acquisition and master-leaseback of approximately 180 restaurant properties.
  • Counsel to a lending institution in connection with a $100,000,000 mortgage loan secured by 130 properties involving eight bankruptcy-remote borrowing pools, master leases at the operator level and whole loan sales to three lending institutions.
  • Counsel to a lending institution in connection with documenting credit facilities for the midscale hotel market segment, including term loans and facilities used for property improvement and development.
  • Counsel to a lending institution in connection with the preparation of form commercial construction loan documents, including applicable disbursement related documents and construction to permanent loan features. Utilized these forms in connection with documenting over 100 construction loans.
  • Counsel to property owner in connection with documenting the conveyance of over 1,000 net leased properties located throughout the United States.