Frederick W. Kindel
Frederick maintains a national and regional tax and economic incentive practice representing corporate clients handling incentive transactions. 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. His experience includes advising companies on restructuring existing incentive arrangements, and in resolution of company defaults under these arrangements.
Frederick recently authored a book entitled "Discretionary Tax and Economic Incentives", published by the Law Journal Press. His book gives readers an insider’s view of these transactions, working 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.
Representative Incentive Transactions
Representation of a national retailer in the procurement of local and state tax and economic incentives for the development of a regional 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 of an office complex 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 redocumenting certain easements to address document deficiencies.
The representation of a major dairy products company in the acquisition for and development of a regional manufacturing facility in a mountain state.
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 and development 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.
- The representation of a national association bank in a loan workout involving a complicated air rights lease and easements in the Midwest.
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