James W. Dierking
The best deals are about collaboration, expertise, relationships and common goals.
Contact: P /612.604.6651M /612.396.5183E /[email protected]
Administrative Contact: Isabella Osorio P /612.604.6769E /[email protected]
Education
University of Iowa College of Law, J.D., with high distinction, 1991
Iowa State University, B.B.A., 1985
Bar Admissions
Minnesota, 1991
My Approach
In my career, I have worked on both the commercial lending and the bankruptcy/workout side of various financing deals, and I learned long ago that I most enjoy the front-end of putting those deals together. I thrive on helping clients structure transactions, especially ones that are a little out of the box or with some hair on them, and then working through the issues to close the deal.
I work with banks and other lenders, primarily in transactions relating to real estate, tax credit financing transactions, C&I lending and Native American financing. In addition, I also work with developers, investors and financiers on alternative energy projects, mainly wind and solar. Over the past fifteen years I have worked with many clients in the gas and convenience store and QSR restaurant space. At the end of the day, regardless of the type of work I am involved in, what most trips my trigger is developing relationships with my clients and finding solutions to get deals across the finish line.
We emptied our nest in the fall of 2017, so I am figuring what this next chapter outside of work will look like. So far, I am enjoying fat tire biking with my wife, floating on our pontoon, and exploring the ever-expanding world of craft beers. An occasional evening hanging out with my neighbors at backyard bonfires tends to be a great ending to a busy work week.
Practice Areas
Practicing Commercial Lending
My Experience
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.
Representative Matters
- Represented a large co-operative dairy operation in connection with over $140M in asset-based and real estate financing.
- $16.5M bond purchase from two separate issuing municipalities for the construction of a new senior care facility in Eau Claire, WI.
- $2.8M construction and term loan for the rehabilitation and construction of low-income housing units in Rice Lake, WI, involving Low-Income Housing Tax Credits, state and federal Historic Tax Credits and multiple additional funding sources.
- $9.3M term loan relating to the acquisition, construction and rehabilitation of an independent hotel project in La Crosse, WI, involving state and federal Historic Tax Credits.
- Represented a private equity firm in the financing and acquisition of a quick-serve restaurant operation consisting of more than 220 locations throughout the United States.
- $12M New Markets Tax Credit transaction to a Native American tribal-affiliated entity for the construction of a hotel.
- $4M Low-Income Housing Tax Credit transaction for the construction of an affordable senior housing project in Superior, WI.
- $21M bond purchase and loan transaction for the financing of the construction and operation of a senior housing facility in La Crosse, WI, under a long-term ground lease, through the issuance of bonds by the Wisconsin Health and Educational Facilities Authority.
- $20M revolving line of credit, $15M multiple-advance equipment term facility and $5M term loan to a group of nine affiliated companies in the construction, site development, excavation and commercial grading, landfill construction, environmental remediation, dredging and utilities services business, by a syndication of lenders (represented Lead Lender and Administrative Agent).
- $40M revolving line of credit, $11M multiple-advance term facility and $20M term loan to a group of 12 affiliated companies in the construction and construction services business.
- $20M loan facility for the acquisition and development of multiple saltwater disposal wells in the Bakken region of North Dakota by a group of ten affiliated entities, secured by leasehold mortgages, contract assignments and all personal property assets.
- $25M term loan facilities and $7M construction loan to a group of eight affiliated companies in the general retail and automotive sales businesses, secured by multiple parcels of real estate in multiple counties, and including cross-guaranties.
Awards
The Best Lawyers in America©
Real Estate Law, 2018-2025
Banking and Finance Law, 2022-2025
Practicing Franchise Transactions
My Experience
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.
Representative Matters
- Represented a real estate and operating company group with over 175 QSR locations in 5 states in obtaining a financing package of over $170M from a group of multiple lenders, for purposes of refinancing existing debt, completing acquisitions and redevelopments, and providing working capital.
- Represented a consolidated group of operating and real estate holding companies with over 200 QSR locations in 6 states in obtaining a financing package over $200M from multiple lender syndications.
- Representation of dozens of QSR and other franchise companies on acquisition and finance transactions ranging from 5 – 200 locations and $5M – $75M in over 40 states throughout the country.
Practicing Energy Real Estate
My Experience
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.
Representative Matters
- Lead counsel for a large international developer of wind and solar energy projects on the development of multiple utility-scale projects throughout the Midwest.
- Local counsel for a national developer on three Minnesota utility-scale solar projects, including the development phase and the subsequent sale of an interest in the projects.
- Lead counsel for a developer of multiple community solar garden projects on the sale of a project portfolio.
- Local real estate and tax counsel for an investor in a portfolio of wind energy projects in Minnesota.
- Local counsel for the purchaser in a sale/leaseback transaction involving seven community solar garden projects in Minnesota.
Also experienced in
Real Estate Development & Transactions
Real Estate Finance
Renewable Energy Development & Construction
Honors & Awards
Super Lawyers®
Minnesota Law & Politics, 2005-2006
The Best Lawyers in America©
Real Estate Law, 2018-2025
Banking and Finance Law, 2022-2025