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Brandon R. Cottrell

Partner

Brandon is a transactional attorney who counsels borrowers, lenders, developers, owners, and investors in all aspects of commercial real estate transactions.

In his financing practice, Brandon represents borrowers, funds, banks, and other financial institutions in a variety of transactions including asset-based loans, factoring loans, permanent/term loans, bridge loans, construction loans, mezzanine loans, and revolving loans, with a particular emphasis on borrower-side financings. He also represents sponsors, funds, and investors with evaluating, negotiating and structuring preferred equity transactions, including joint ventures, private offerings, and convertible instruments.

In his real estate development practice, Brandon represents buyers and sellers, developers, investors, and landlords and tenants. He regularly negotiates purchase and sale agreements, commercial leases (including ground leases), development agreements, construction contracts and general business contracts. Brandon has driven significant development and redevelopment projects from inception through completion, including casinos, golf courses and country clubs, hotels and resorts, shopping centers, medical office buildings, mixed-use buildings, single and multi-tenant retail facilities, solar and wind projects, battery storage systems, and student and senior housing.

Brandon previously worked in a prominent, state-wide public finance and economic development practice where he counseled industrial development agencies, local development corporations, municipalities, trustees, developers, lenders and investors on a variety of transactions, including private activity bonds, general obligation bonds, tax credit transactions, payments-in-lieu-of-taxes agreements and sales tax exemption benefits. He continues to devote a significant portion of his current practice on such transactions, with a particular focus on representing institutional lenders and trustees with respect to tax-exempt bond financing matters and renewable energy companies in IDA straight-lease transactions.

Brandon also has substantial experience in drafting and negotiating legal opinions, particularly with respect to New York real estate finance transactions, and often serves as local counsel in connection with mortgage loan transactions and security interests in collateral under the Uniform Commercial Code.

Education

SUNY Geneseo, B.S. Accounting, cum laude

Syracuse University College of Law, J.D., summa cum laude

Admissions

New York
U.S. District Court for the Western District of New York
U.S. Bankruptcy Court for the Western District of New York
U.S. Tax Court

Bar Associations

New York State Bar Association
Monroe County Bar Association

Representative Matters

Finance:

Represented lender in connection with a $75,000,000 loan secured by a 375,000 square foot, 17-story office tower.
Represented private fund in making a $10,000,000 revolving line of credit and a $12,000,000 term loan.
Represented lead limited investor group in connection with a $11,500,000 unit offering.
Represented sponsor in raising $6,000,000 of preferred equity in connection with redevelopment of a 45-acre mixed-use development (featuring retail space, office space and restaurants).
Represented sponsor in raising $19,000,000 of preferred equity in connection with construction of a 500 bed, 8-story student housing project.
Represented institutional lender in tax-exempt bond financings with universities, ranging in size from $8,000,000 to $45,000,000.
Represented not-for-profit borrowers in tax-exempt bond financings ranging from $45,000,000 to $100,000,000, serving as transaction counsel and with respect to on-going compliance matters.
Represented borrower in acquisition financing for a 1,000-unit multi-family housing portfolio, with a regional lender bridge loan and refinanced with a Freddie Mac permanent loan.

Real Estate Development:

Represented purchaser in acquisitions (and related leasing and financing) of multi-tenant retail shopping centers, both un-anchored and anchored with gross leasable areas of 25,000 square feet or more.
Represented purchaser in acquisitions (and related leasing and financing) of multi-tenant office buildings with a gross leasable area of 75,000 square feet or more.
Represented developer of a five-story mixed use building with retail, Class A office space and luxury apartments.
Represented developer in the redevelopment of an existing office tower into a mixed-use building with ground floor retail, office space and affordable apartments.
Represented developer of a 16-acre mixed-use project, which involved the renovation of existing buildings and new construction to create a mix of retail, general office, medical office and affordable apartments.
Represented developer throughout acquisition, financing, leasing, construction and management of free-standing single or multi-tenant buildings (national retailers and quick service restaurants).
Represented developer of a mixed use, LEED certified project involving 100,000 square feet of medical office space, 17,500 square feet of retail space, and a mix of affordable and luxury apartments.

Canada – U.S. Cross-Border:

Represented U.S. subsidiaries of Canadian corporation in financings to acquire operating U.S. businesses, ranging from $12,000,000 to $52,000,000, and in working capital loans (guaranteed by Canadian parent) ranging from $3,000,000 to $8,000,000.
Represented U.S. subsidiaries of Canadian corporation in financings to acquire industrial properties (for use by the U.S. subsidiaries) ranging from $2,500,000 to $10,000,000 (guaranteed by Canadian parent).
Represented U.S. subsidiaries of Canadian corporation in cash-out refinancing loan transactions ranging from $36,000,000 to $50,000,000 in connection with equity-funded cannabis dispensaries.
Represented U.S. and Canadian agriculture cooperative in $100,000,000 (Canadian) revolving line of credit and $10,000,000 (Canadian) equipment loan.

Bond Counsel / Public Finance:

Acted as bond counsel for financings of construction or renovation of senior and affordable housing, libraries, charter schools, hospital systems, college campuses and continuing care communities.
Represented IDAs and owners/developers in “straight lease” transactions to facilitate mortgage recording tax exemptions, sales and use tax exemptions and real property tax abatements for projects involving: solar and wind energy, battery storage, manufacturing and other industrial facilities, amusement parks, warehouses, office space and mixed-use developments.

Brandon R. Cottrell

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