Morris, Manning & Martin, LLP

Nicholas N. Sears is a partner in the Real Estate Development and Finance Practice. Mr. Sears leads the firm’s Commercial Real Estate Debt Management Practice, a practice dedicated to providing legal support and practical business advice to real estate owners in all aspects of their relationships with lenders. Additionally, Mr. Sears practices in the areas of asset-based lending, commercial workouts, creditors’ rights and bankruptcy, real estate development and finance, and real estate capital markets.

Over the course of his practice, Mr. Sears has guided both lenders and borrowers through three serious real estate recessions. Mr. Sears’ extensive experience in negotiating and closing conduit loans since the inception of the CMBS market and his resulting expertise with the terms and pitfalls of the loan documents, together with his business acumen and real estate legal knowledge, provides him with a uniquely qualified basis from which to advise borrowers in all aspects of their relationship with their lenders.

Recent Experience

• Representation of CMBS borrower in negotiation with special servicer related to matured loan with negative equity.
• Representation of CMBS borrowers in conduit lending transactions.
• Representation of a national real estate developer in closing of $675 million in secured credit facilities arranged by an international bank.
• Representation of a national bank in closing of a $360 million senior secured revolving credit facility and term loan facility for a residential real estate developer.
• Representation of publicly traded hotel company and subsidiaries in a $370 million refinancing of 64 hotels through three existing loans, four fixed rate loans, one floating rate loan and two mezzanine loans.
• Representation of a borrower in a $53 million refinancing for properties located in five states which included the refinancing of several existing senior and mezzanine loans with two senior loans and a mezzanine loan.

Honors and Affiliations

Listed, Legal 500 US 2008, Leading Lawyers (Real Estate)

Speaking Engagements

• Atlanta’s Annual Land Use Seminar January 10th, 2010
• IMN Winter Forum on Real Estate Opportunity & Private Fund Investing January 21st, 2009

Webinars

• Distressed Real Estate Assets - Loan Workouts: Redefining Success in a Harsh Market March 11th, 2009