James W. Dierking

For more than 25 years, I have advised a wide variety of clients in asset-based, commercial, construction and real estate lending transactions including revolving lines of credit, term loans, multiple-advance term facilities, syndicated credits and letters of credit, as well as more specialized New Markets Tax Credit, Franchise and Low-Income Housing Tax Credit, Historic Tax Credit, municipal bond and Native American tribal financing transactions. My franchise and real estate experience includes the development, purchase, sale and financing of retail, office, industrial and other commercial properties with an emphasis on multi-site retail transactions. I am also heavily involved in the development and financing of wind and solar energy projects throughout the Midwest, including community solar projects and those involving energy tax credits.

I represent multi-unit franchise owners in connection with their senior credit facilities, junior and mezzanine facilities, syndicated facilities, sale-leaseback transactions, and other financing needs.

As the leader of our energy real estate team, I have worked with alternative energy developers on dozens of wind and solar projects over the past twenty years, primarily in the Midwest. We handle all real estate aspects of these projects, including site control, review and clearing of title and survey matters, non-disturbance and crossing agreements, easement negotiations, and related matters as required for project development and operation. The projects we have helped develop include large utility scale wind and solar projects and smaller-scale community solar gardens under the Xcel Community Solar Garden program in Minnesota. While our role in these projects is most often as lead developer counsel, we have also assisted as local counsel on numerous projects. Our experience also includes representing sellers, investors and lenders in the purchase and sale of project portfolios, conducting and addressing due diligence in the real estate aspects of these transactions.