Louis J. Hait is a Partner in Kaye Scholer’s New York office. He joined Kaye Scholer’s Real Estate Department in 1984 and has been a partner since 1993.
Louis’ practice covers a broad range of commercial real estate, with an emphasis on the representation of capital providers at all levels of the capital stack, including representing banks and other lending institutions in originating structured mortgage and mezzanine debt, negotiating intercreditor and co-lender agreements, and acquiring portfolios of performing and non-performing loans; representing hedge funds, opportunity funds and pension plans providing mezzanine, preferred equity and common equity joint venture investments; and construction lending. Louis has counseled both institutional lenders and borrowers in complex real estate loan workouts and restructurings during multiple down cycles in the real estate market. Louis has a particular expertise in fashioning “one-off” solutions for hard-to-structure, would-be loan assets.
Louis has been recognized in Legal 500 for his continued excellence in real estate finance. He regularly writes and lectures on commercial real estate law. Louis’ most recent lecture was as a faculty member for the Practicing Law Institute’s conference entitled “Negotiating Real Estate Deals 2014,” at which he spoke on “Representing Lenders in a Changed Environment.” Louis’ most recent publication was an article entitled, “Does the Use of Equity Pledges in Mortgage Loans create a ‘Clogging’ Issue?” which appeared in Law360 in March 2013.
Major transactions in which Louis acted as lead counsel in recent years include:
- Representing a group of three institutional investors in structuring and closing preferred equity financing for a trophy midtown-Manhattan property behind already exiting securitized mortgage debt and multiple levels of mezzanine debt.
- Represented a group of investment banks in structuring and closing a $1.7 billion mortgage and mezzanine loan facility secured by more than 700 retail properties utilizing an “opco/propco” structure.
- Representing an institutional lender in the acquisition of $500 million of non-performing loans.
- Representing lenders in working out troubled mortgage loans for hotel projects in Las Vegas and Atlantic City, and office buildings in Manhattan and Washington DC, including deeds-in-lieu, bankruptcy court auctions and loan modifications with equity participation features.
- Representing a hedge fund in the debt and equity recapitalization of a 4,000-acre mixed use development in California.
- Representing an investment bank restructuring mortgage debt on a 4,000-acre mixed use property in Connecticut.
- Representing an opportunity fund acquiring a boutique midtown Manhattan hotel.
- Representing an off-shore investment fund making a participating mezzanine loan investment in a major midtown hotel.
- Representing a retail company negotiating a long term ground lease for a warehouse and distribution center.