John Adolph is a member of Winstead’s Real Estate Development & Investments Practice Group. John represents financial institutions, non-traditional lenders, debt funds, developers, and investors in connection with (i) commercial real estate loans for office, retail, healthcare, multi-family, and mixed-use developments, as well as energy projects, cell towers, fiber optic lines, data centers, and manufacturing properties; (ii) credit facilities for various operating businesses, including cash-flow and asset-based financings; and (iii) syndicated financing, mezzanine loans, preferred equity, loan-on-loan financing, participations, Intercreditor agreements, and the acquisition and sale of note portfolios. Additionally, he has extensive experience in loan workouts, including forbearance agreements, loan assumptions, foreclosures, guarantor litigation and recovery, and all phases of post-foreclosure management.
He also works with startups and emerging and mid-market companies, investors, and entrepreneurs, having served as external general counsel in addition to representing businesses with formations, joint ventures, mergers and acquisitions, restructurings, vendor agreements, and technology transactions.
- Represented lenders and borrowers in connection with commercial real estate construction and acquisition loans secured by projects throughout the country, including Texas, Florida, California, New York, and Louisiana
- Counseled regional banks in offering working capital lines of credit to numerous operating companies in the industrial, manufacturing, and energy sectors
- Represented lead agent and managed team of attorneys in qualifying pool of 200+ real estate assets for inclusion in borrowing base; properties included telecom, advertising, and alternative energy assets in the United States and Australia
- Represented a federal savings bank as warehouse lender, administrative agent, sole bookrunner, and lead arranger in $151 million syndicated master repurchase of mortgage assets
- Served as counsel for hotel developer and led negotiation of credit agreement with private equity fund in construction of $305 million luxury hotel project in downtown Austin, Texas
- Structured preferred equity investments for REIT subsidiaries in hospitality and multi-family construction transactions
- Served as external general counsel for construction company during private equity firm’s turnaround efforts, negotiating lease renewals, terminations, and contractor settlements as well as assisting with litigation and bankruptcy strategy
- Counseled privately owned transportation firm in acquisition of black-car dispatch and logistics company, addressing issues ranging from intellectual property to mobile apps
- Reorganized commercial real estate company, streamlining organizational structure in connection with mergers of subsidiaries and the family office’s estate planning efforts
Workouts and Restructuring
- Represent lenders in connection with the foreclosure of real estate, mineral estates, and personal property
- Work with developers and lenders in resolving troubled real estate development projects, including office, retail, hospitality, and resort properties
- Advise clients in all phases of post-foreclosure property ownership, including execution of leases, management of REO, clearing of clouds on title, and negotiation of conveyance documents