People: Miles M. Borden, Partner

Photo of Miles M. Borden, Partner

Miles M. Borden

Partner

New York
Direct: (212) 218-5266
Fax: (917) 344-1270
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Miles M. Borden is a partner in the New York office of Seyfarth Shaw LLP.  His practice focuses on commercial real estate, hotels and resorts, and the real estate aspects of mergers and acquisitions, alternative energy and other project finance deals.

Mr. Borden represents institutional and private real estate owners and developers on acquisitions and dispositions, joint ventures, development projects, including developable ground leases, reciprocal easement agreements, sale leasebacks, development, management and leasing agreements, brokerage agreements, construction contracts, and construction management and architect’s agreements, as well as the purchase and sale of real estate pursuant to bankruptcy plans.

He also counsels banks, other institutional lenders, and real estate owners on fee and leasehold mortgage loans, construction and project loans, bridge loans, mezzanine financings, asset based financings, loan modifications and restatements, inter-creditor agreements, loan participations and A/B note structures, loan portfolio acquisitions and dispositions, and loan workouts, foreclosures, actions against guarantors and other remedies.

Mr. Borden represents commercial landlords and tenants on leases, subleases, master leases, lease amendments, surrender agreements, SNDAs, recognition agreements, work letters, and brokerage agreements.

Mr. Borden’s real estate acquisition, development, lending and leasing practice spans office buildings and spaces, mixed-use projects, apartment complexes, multi-family buildings, hotels and resorts, shopping centers, retail pads and retail spaces, healthcare facilities, NFL sports stadiums, vacant land and development sites, industrial facilities, warehouses, and restaurants.  His real estate-related M&A work has involved power plants, furniture manufacturers, gas station portfolios, auto parts distributors, convenience store chains, healthcare companies, and commercial laundry companies.  Lastly, his real estate related project finance experience has covered power plants and transmission lines, utility scale solar arrays, and satellite communication farms.

Miles M. Borden is a partner in the New York office of Seyfarth Shaw LLP.  His practice focuses on commercial real estate, hotels and resorts, and the real estate aspects of mergers and acquisitions, alternative energy and other project finance deals.

Mr. Borden represents institutional and private real estate owners and developers on acquisitions and dispositions, joint ventures, development projects, including developable ground leases, reciprocal easement agreements, sale leasebacks, development, management and leasing agreements, brokerage agreements, construction contracts, and construction management and architect’s agreements, as well as the purchase and sale of real estate pursuant to bankruptcy plans.

He also counsels banks, other institutional lenders, and real estate owners on fee and leasehold mortgage loans, construction and project loans, bridge loans, mezzanine financings, asset based financings, loan modifications and restatements, inter-creditor agreements, loan participations and A/B note structures, loan portfolio acquisitions and dispositions, and loan workouts, foreclosures, actions against guarantors and other remedies.

Mr. Borden represents commercial landlords and tenants on leases, subleases, master leases, lease amendments, surrender agreements, SNDAs, recognition agreements, work letters, and brokerage agreements.

Mr. Borden’s real estate acquisition, development, lending and leasing practice spans office buildings and spaces, mixed-use projects, apartment complexes, multi-family buildings, hotels and resorts, shopping centers, retail pads and retail spaces, healthcare facilities, NFL sports stadiums, vacant land and development sites, industrial facilities, warehouses, and restaurants.  His real estate-related M&A work has involved power plants, furniture manufacturers, gas station portfolios, auto parts distributors, convenience store chains, healthcare companies, and commercial laundry companies.  Lastly, his real estate related project finance experience has covered power plants and transmission lines, utility scale solar arrays, and satellite communication farms.

Education

  • J.D., Brooklyn Law School (1987)
  • B.S., State University of New York at Buffalo (1984)
    cum laude
  • B.A., State University of New York at Buffalo (1983)

Admissions

  • New York

Affiliations

  • Association of the Bar of New York City
  • New York State Bar Association

Representative Engagements

  • Represented a major joint venture partner in the multi-billion dollar West Village (St. Vincent’s Hospital site) mixed-use development in New York City, including cross-border tax structuring.
  • Represented a private equity joint venture on the acquisition and financing of a 146-room Hampton Inn on E. 35th Street in New York City.
  • Represented the purchaser of the Ford Theater in NYC, the Ford “Oriental” Theater in Chicago and the Pantages Theatre in Toronto, out of the United States and Canadian bankruptcy of Livent, Inc., including extensive negotiations with the Times Square BID, and various city agencies in New York, Chicago and Toronto.
  • Represented purchaser in an acquisition and financing, and refinancing, of 404 Park Avenue South, New York City, a 24-story office tower.
  • Represented the development joint venture of Temple Court in Downtown, New York City, a luxury landmarked apartment building.
  • Represented the development joint venture of 513-519 W. 57th St., NYC, intended to be a commercial and condominium mixed-use building.
  • Represented the property owner joint venture partner in the unwinding/workout of 513-519 W. 57th St., NYC project.
  • Represented the purchaser in an assemblage of over 4,000 acres in Marino Valley, California.
  • Represented the purchaser in the multi-billion dollar acquisition/going private transaction of Beverly Health Care, including the sale and master leaseback of over 250 real estate sites with ALFs and SNFs, and mortgage, mezzanine and working capital loans in excess of $1 billion.
  • Represented the purchaser in the billion dollar-plus acquisition/going private transaction of Mariner Health Care, including the sale and master leaseback of over 150 real estate sites with ALFs and SNFs, and mortgage, mezzanine and working capital loans in excess of $600 million.
  • Represented a major joint venture partner on a hotel development on the Embarcadero in San Francisco, including a 150-year developable ground lease from the Bay Area Rapid Transit Authority.
  • Structured and implemented a $150 million program for the acquisition, leasing, construction and disposition of over 60 retail stores throughout the United States with the CKS Auto Parts chain.
  • Represented the owner of the Cosmopolitan Hotel in NYC on its refinancing and construction financing, and restatement of a ground lease and restructuring of its ownership.
  • Represented an institutional lender on a $200 million asset based loan for the acquisition of and working capital for over 20 skilled nursing facilities in 14 states.
  • Represented an institutional lender, as a participant, in a construction and project loan, with NYC Housing Development Corporation bond enhancement, for a multi-hundred million dollar  mixed use development project in downtown Brooklyn.
  • Represented an institutional lender in a syndicated acquisition loan of warehouse facilities in China.
  • Represented an institutional lender in a syndicated construction loan for a mixed use development of two towers in Beijing, China.
  • Represented an institutional lender on a $100 million utility scale solar facility in New Mexico.
  • Represented a hedge fund on a $60 million senior loan secured by Hotel Thirty-Thirty in NYC.
  • Represented institutional lenders on asset based financings for the Miami Dolphins and Denver Broncos.
  • Represented a hedge fund on a $30 million loan secured by The Aviator concession agreement with The National Park Service at Floyd Bennett Field, Brooklyn, NY.
  • Represented a high-end men’s clothing retailer on a 90,000 square foot lease for its flagship store and corporate headquarters on Madison Avenue in NYC.
  • Represented a high-end men’s clothing retailer on a lease for its flagship store in Chicago.
  • Represented the sponsor of a resort and spa on a lease to an Il Mulino restaurant in Miami Beach.
  • Represented the sub-sublandlord on a sub-sublease for a 50,000 square foot flagship McDonald’s restaurant on 42nd Street in Times Square.
  • Outside General Counsel to a national clothing retail chain for leasing and other real estate matters.

Presentations

  • Alternative Investment Summit NYC speaker
  • Lorman secured financing seminar presenter

Publications

  • The New York Law Journal published an article by Charles Paikert featuring the Ruppert Yorkville Towers and the 850 closings in which Mr. Borden participated.
  • "Lien Waiver, Access Clause in a Lease Can Be Crucial," New York Law Journal (June 17, 2002)