Nate represents national, regional and industrial banks, other types of lenders and private equity borrowers in a wide array of lending transactions, including construction and real estate loans, project finance (sustainable energy) transactions, syndicated transactions, private equity sponsor and acquisition finance, asset-based lending (ABL), and mezzanine transactions. Nate also has extensive experience in low-income housing tax credit (LIHTC) lending transactions, and Nate serves as outside general counsel to a large affordable housing lender in the Rocky Mountain region. In addition to lending transactions, Nate represents lenders and other companies with respect to various program agreements between a lender and its partners, including with respect to loan origination, loan servicing, and loan participation.
Nate also has extensive experience in out-of-court workouts, judicial and non-judicial foreclosure of real and personal property (including under the Uniform Commercial Code (UCC)), appointing receivers over companies and assets, and collection matters.
Prior to joining Ray Quinney, Nate was an equity holder at an Am Law 100 firm in its Salt Lake City office.
Representative Highlights
Recent Construction and Real Estate Lending Representations
- Represented lender in a $55 million construction loan for new headquarters of the borrower in Utah
- Represented lender in a $20 million construction loan for a hotel in Utah
- Represented lender in a $39 million construction loan for a multifamily housing project in Utah
- Represented lender in a $66 million construction loan for an industrial project in Utah
- Represented lender in a $33 million real estate acquisition loan for a multifamily project in Texas
- Represented lender in a $20 million refinance of a commercial property in Washington owned by tenants in common (TIC)
- Represented lender in a $17 million construction loan to three tenant in common (TIC) co-borrowers for a multifamily project in Idaho
- Represented lender in a $24 million loan to a home owners’ association (HOA) secured by an assignment of the HOA’s assessment rights to owners of condominium units
- Represented lenders in real estate finance transactions for the construction or acquisition of commercial and multifamily projects in Arizona, California, Colorado, Florida, Georgia, Idaho, Missouri, Montana, New Mexico, Nevada and Rhode Island
Recent Project Finance (Sustainable Energy) Lending Representations
- Represented lender in a $38 million construction and term loan for borrower’s natural gas project in Colorado
- Represented lender in a $30 million construction and term loan for construction of a fish hatchery in Mexico
- Represented lender in a $20 million construction and term loan for construction a food waste digestor to natural gas facility
- Represented private equity borrower in a $70 million construction and term loan for borrower’s egg production projects in Washington and Oregon
- Represented borrower in a $50 million facility relating to borrower’s production of cleansing alcohol in Ohio
- Represented lenders in several financings for renewable energy projects throughout the United States
Recent Personal Property Lending Representations
- Represented agent lender in a $55 million loan to a borrower in the medical device industry
- Represented agent lender in a $150 million loan to a borrower in the legal industry
- Represented lender in a $50 million loan to a borrower in the video game terminal (VGT) industry
- Represented lender in a $75 million acquisition loan to a borrower in the marketing and sales industry
- Represented lender in a $30 million sponsor acquisition loan to a borrower in the travel industry
- Represented lender in an asset-based loan to borrower in the automated teller machine (ATM) industry
- Represented lender in several different lending transactions to irrevocable trusts secured by collateral assignments of the cash value of life insurance policies and other collateral
- Represented wholesale and retail borrower and related entities in a $1 billion ABL transaction
- Represented cooperative association and related entities in a $1 billion loan facility
- Represented grocery chain and related entities in a $300 million line of credit transaction
Recent Program Agreement Representations
- Represented lender with respect to a loan origination and loan servicing agreement with a fintech company relating to home improvement loans
- Represented lender with respect to a loan origination and loan servicing agreement with a fintech company relating to loans for medical procedures
- Represented lender with respect to a loan origination and loan servicing agreement with a company relating to loans secured by government contract receivables
- Represented company with respect to a loan origination and loan servicing agreement with a bank relating to payday advance loans
- Represented several lenders with respect to review of syndicated transaction documents
- Represented several lenders with respect to negotiation of participation agreements
- Represented several lenders with respect to the purchase or sale of loans
Recent Workout, Restructuring, Foreclosure and Collection Representations
- Represented lender in restructuring a $30 million loan secured by a hotel and condominium units
- Represented lender in restructuring several affiliated loans secured by restaurants and real property
- Represented hospital and several of its clinic subsidiaries in restructuring a loan with a lender
- Represented lender in a deficiency action after non-judicial foreclosure of commercial real property
- Represented lender in a UCC foreclosure sale of equipment and inventory of borrower in the plastics industry
- Represented lender in a prejudgment writ of replevin action and subsequent UCC foreclosure sale of equipment and inventory of borrower in the medical industry
- Represented lender in a prejudgment writ of replevin action and subsequent UCC foreclosure sale of equipment and inventory of borrower in the utility and cable industry
- Represented lender in several sales of collateral from borrower in the dental industry
- Represented lender and lessor in judicial collection action (and subsequent bankruptcy), including obtaining pre-judgment writ of replevin, relating to a borrower in the crane and construction industry
- Represented lender and lessor in judicial collection action (and subsequent bankruptcy), including obtaining pre-judgment writ of replevin, relating to a borrower in the electrical contracting industry
- Represented lender in a judicial foreclosure and collection action relating to a borrower in the rail industry
Education
University of Minnesota, J.D., 2009
- Magna Cum Laude
- Managing Editor Minnesota Law Review
University of Utah, B.S., Marketing, 2006
- Magna Cum Laude
Professional and Civic Activity
- Executive Committee, And Justice For All
- Board Member, City Academy
Affiliations / Memberships
- CREW (Commercial Real Estate for Women)
- Utah Bankers’ Association
- National Business Aviation Association
Professional Experience
- Equity Partner at Am Law 100 firm
- Admitted to Practice
- Utah State Bar
