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Student Housing

Kutak Rock attorneys have extensive experience in all aspects of student housing finance. We have served as bond counsel, underwriter’s counsel, disclosure counsel, credit enhancer’s counsel, lender’s counsel and bond purchaser’s counsel in student housing transactions across the nation. We have participated in a wide range of student housing transactions for colleges and universities—including on-campus general obligation bond financings and on-campus and off‑campus 501(c)(3) revenue bond project-based financings as well as P3 transactions. Our attorneys have negotiated cooperation agreements, long-term ground leases, development agreements, management contracts and the full range of financing documents. We have worked with many prominent national student housing developers and several national nonprofits active in the area.

The broad geographic scope of our offices and our extensive experience in tax-exempt finance, secured transactions and P3 transactions allow us to bring a unique range of specialized knowledge and experience to student housing transactions. Our extraordinary depth of resources and experience in the 103 tax area provides our clients with a distinct advantage in navigating the 501(c)(3) and tax-exempt bond rules applicable to many student housing transactions. In addition, we can quickly and efficiently provide support, knowledge and experience relating to complicated real estate questions, complex variable rate bond structures (including liquidity facility issues and hedging issues) and workout and restructuring issues.

Our depth of experience and the broad scope of our practice often permit us to answer difficult questions in hours, rather than days, and enable us to be proactive in avoiding potential structuring issues at the front end of the transaction, rather than reacting to problems late in the process. Our pragmatic and results-oriented approach to client service leads to proposed solutions based on practical experience.