Sean M. Gillen

(402) 231-8945
Partner
(402) 346-1148 Fax
Sean.Gillen@KutakRock.com

Mr. Gillen is a member of the firm’s Corporate Department, working primarily in the Asset Finance Group. He represents borrowers, lessees, lenders, lessors and credit enhancers in asset acquisitions, dispositions and financings throughout the United States, including loan and lease financings, syndications, securitizations, restructurings, workouts and bankruptcies.

Mr. Gillen is involved in transactions covering a wide variety of structures, including tax leases, tax exempt loans and municipal leases, credit facilities, leveraged leases and structured financings. In addition to traditional real and personal property, Mr. Gillen handles transactions involving specialized assets, including aircraft, vessels and railcars.

Mr. Gillen provides clients with exceptional legal services value. His commitment to client service is evidenced by dedication to meeting and exceeding client expectations as to result and timing. Furthermore, Mr. Gillen is conscientious of the fiscal concerns of clients, and he is striving to provide the highest level of service in the most economical manner possible. Regardless of the nature or size of the deal or the client, Mr. Gillen puts forth the same service-oriented efficiency for every transaction.

Presentations:

  • Effective Writing Skills for Paralegals, Institute for Paralegal Education, May 23, 2000 (co-presenter of day-long seminar).
  • Advanced Legal Drafting for Nebraska Paralegals, Institute for Paralegal Education, October 24, 2001 (co-presenter of day-long seminar).
  • Effective Writing Skills for Paralegals, Institute for Paralegal Education, August 28, 2002 (co-presenter of day-long seminar).
  • Basic Principles of Lease & Finance Negotiations, Equipment Leasing and Finance Association Annual Legal Forum, Chicago, Illinois, May 4, 2008 (co-presenter on three-attorney panel).
  • Basic Principles of Lease & Finance Negotiations, Equipment Leasing and Finance Association Annual Legal Forum, Webinar, October 7, 2008 (co-presenter on three-attorney panel).
  • Various in-house presentations as requested by clients on finance-oriented topics.

Publication:

The Supreme Court Drops the Buffered Ball and Ceases and Desists from a Tradition of Stare Decisis in Schenck v. Pro-Choice Network, 31 Creighton L. Rev. 953 (1998).

Representative Transactions:

  • Acted as lender’s counsel in $25,000,000 and $35,000,000 loan financings secured by multiple long-term care and skilled nursing facilities. Prepared loan documents and real estate documents. Coordinated with health care attorneys on regulatory diligence, compliance and covenants. Coordinated title insurance, survey and other real estate diligence.
  • Acted as lender’s counsel in $20,000,000 refinancing and $25,000,000 financing for Texas restaurant franchise secured by multiple restaurant locations and corporate headquarters. Prepared loan documents and real estate documents. Handled title insurance, survey and other real estate diligence and post closing surveillance.
  • Acted as lessor’s counsel in $15,000,000 leveraged lease financing secured by multiple railcars.
  • Acted as seller’s counsel in $25,000,000 loan syndication secured by 13 gas station properties. Prepared and negotiated participation agreement and related documents.
  • Acted as lender’s counsel in $25,000,000 financing secured by mining equipment. Prepared loan documents. Coordinated with foreign counsel from two countries regarding enforceability opinion for and registration of foreign guaranties.
  • Acted as lead lender’s and collateral agent’s counsel in $100,000,000 syndicated loan financing consisting of three equipment loans and three real estate loans to two separate borrowers involving four additional syndicate lenders. Prepared loan documents, real estate documents and syndication documents. Coordinated comments and revisions from all syndicate lenders and borrower and guarantor parties. Coordinated title insurance, survey and other real estate diligence.
  • Acted as bond purchaser’s counsel in $60,000,000 revenue bond financing. Handled the following matters: document review and negotiation relating to bond indenture, loan agreement, supplemental master trust indenture, obligation and mortgage documents for hospital campus expansion and renovation; title insurance and survey review, revision and approval; and post closing surveillance.
  • Acted as credit enhancer’s counsel in $36,000,000 variable rate demand bond/note financings. Handled the following matters: document preparation, review and negotiation relating to security documents for seven parcels of real property (including five leaseholds and lessor estoppels), eight vessels documented with the United States Coast Guard and all other assets of borrowers; opinion review and approval; Uniform Commercial Code diligence and filings; and title insurance and survey review, revision and approval. Transaction required successful interaction and coordination of intercreditor agreements with three national lenders and counsel therefor, including the United States Maritime Administration.
  • Acted as issuer’s counsel in three separate $100,000,000-plus securitizations involving sales to a government-sponsored enterprise. Transactions were collateralized by 12, 28 and 31 low-income housing projects, respectively. Handled document preparation, review and negotiation, including amendments to security documents for real property, and title insurance closing instruction letters and endorsements.
  • Acted as lender’s counsel in $19,000,000 restructuring of former borrower in bankruptcy proceeding. Handled document preparation, review and negotiation, including security documents for seven parcels of real property, eight ships documented with the United States Coast Guard and all other assets of new borrower being purchased from former borrower; opinion review and approval; Uniform Commercial Code diligence and filings; and title insurance and survey review, revision and approval. Transaction required successful interaction and coordination of intercreditor agreements with three other lenders and counsel therefor, including the United States Maritime Administration.
  • Acted as lender’s counsel in $27,000,000 tax-exempt health care real estate financing in New York. Handled document preparation, review and negotiation; opinion review and approval; Uniform Commercial Code diligence and filings; and title insurance and survey review, revision and approval. Transaction required successful interaction and coordination with second lender and counsel therefor, including assignment and participation-back of interests in financed project.
  • Acted as lender’s counsel in $44,000,000 tax-exempt health care information technology financing in New York. Handled document preparation, review and negotiation; opinion review and approval; and Uniform Commercial Code diligence and filings. Transaction required unique structural aspects, including subleases of financed equipment to subsidiaries of parent corporation borrower.