Frederick W. Kindel

Cincinnati
T 513.651.6965
F 513.651.6981
301 East Fourth Street
Great American Tower, Suite 3300
Cincinnati, Ohio 45202

Frederick maintains a national and regional tax and economic incentive practice representing corporate clients. Leveraging that practice, he has been introducing clients to innovative roadmaps for state and local incentives over the last several years in over 30 states. Clients seeking or wanting to maintain tax and economic incentives have benefitted from engaging Frederick, due in large part to his insights from assisting a broad range of clients, industries and transactions across the country. 

His book, "Discretionary Tax and Economic Incentives", recently published by the Law Journal Press, is a must-read for companies and professionals involved or interested in the full scope of discretionary incentive transactions.  Frederick gives a unique national perspective into the following:

  • The discretionary incentive process;

  • Frequently encountered issues; and

  • Best practices to reduce risk.

"Discretionary Tax and Economic Incentives" gives readers an insider’s view into Frederick’s diversity of experiences in the incentive process. He enjoys bringing a different thought process to solving and guiding companies through the myriad of issues presented in procuring and maintaining federal, state and local tax and economic incentives and structuring these as an integral part of underlying business transactions. Frederick also has experience in advising companies on restructuring existing incentive arrangements, and in resolution of company defaults under these arrangements. 

Frederick also maintains a national and regional real estate practice focused on development, financing and leasing of commercial real estate projects, as well as representing financial institutions primarily in loan workouts and restructurings.

Representative Incentive Transactions 

  • Representation of a national retailer in the procurement of local and state tax and economic incentives for the development of a $200 million+ distribution facility in a Northeastern state. This transaction involved the negotiation and documentation of a complicated tax abatement agreement significantly reducing ad valorem real estate and personal property taxes; and extensive due diligence and special documentation for the acquisition of construction and equipment assets in order to procure the exemption from sales taxes. 

  • The representation of a national food products company in documenting a tax increment arrangement for a $250 million+ expansion of its manufacturing facility on the West Coast. This transaction involved extensive negotiation and documentation of the development agency's program agreement; due diligence to confirm the proper allocation of pilot payments to various tax districts; and evaluation of the program documentation in light of legislative changes to the state incentive program.

  • The representation of a national redistribution company in securing local and state real estate and other tax incentives for the development and operation of a major distribution facility in a mountain state.

  • The representation of a Fortune 50 technology company in securing tax abatement for a web hosting facility in a central state as part of a bond issue and leaseback of assets to secure property tax and sales tax exemptions.

  • The representation of an international food product company in auditing and redocumenting local and state incentives affecting in excess of 20 facilities in approximately eight states in order to permit the retention of, and compliance with, local and state incentive program agreements as part of a major corporate restructuring.

  • The representation of a national distribution company in securing an exemption from ad valorem real estate and personal property taxes for a major project through a bond issue and leaseback of assets in a Southeastern state.

  • The representation of a Japanese conglomerate in the procurement of state and local tax and economic incentives as part of its expansion of manufacturing operations in the Midwest and Southeast.

Representative Commercial Real Estate Transactions 

  • The representation of a high tech company in the acquisition of certain phases of a project to develop and operate a major facility in the Southeast. This transaction involved review and renegotiation of easements and operating agreements affecting a multi-use business park in a Southeastern state. The client financed the development of this project through off-balance sheet financing, which required the negotiation of a credit facility and the lease financing and collateral documentation to ensure compliance with state law and to meet FASB requirements. 

  • The representation of a major national association bank in the acquisition and financing a $200 million+ building as part of a relocation of its headquarters to another state in the Midwest. This transaction involved review and addressing several air rights, subterranean and other easements supporting the office and infrastructure facilities and to redocument certain easements to address document deficiencies. 

  • The representation of a major national association bank in financings and refinancings of off-balance sheet credit facilities for its general office, operation facilities and retail branches affecting 50+ properties in approximately 15 states exceeding $600 million. These transactions involved extensive due diligence and negotiation and documentation of credit facilities and individual real estate lease financing and collateral documentation for each location to meet the client's transactional goals and to ensure favorable accounting treatment.

  • The representation of a major national association bank in the acquisition of approximately 90+ in-store branches on the West Coast as part of an acquisition from the FDIC of a distressed financial institution. The transaction involved, among other things, the review of occupancy agreements; the verification of occupancy terms to approve the rectification of defaults under the occupancy agreements; and the redocumentation of many of the occupancy agreements.

  • The representation of a national restaurant chain in the acquisition of 50+ restaurants in a multi-state area. This transaction involved extensive review of title, landlord-tenant and financing issues.

  • The representation of an international playing card company in the acquisition of an industrial site for its North American manufacturing operation in the Southeast.

  • The representation of a national redistribution company in the acquisition of industrial sites in the Midwest.

Highlights & Recognitions

  • The Best Lawyers in America© 2013–2017
  • AV® Rated, Martindale-Hubbell®

Other Contact Info

Mobile

513.253.9417

Assistant

Pamela Hansson
Email
T 513.651.6809
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