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Kristopher "Tip" Lee

I avoid jargon; plain language can explain complex concepts. As I tell my kids, 'Use your words.'

Contact: P /612.604.6557E /[email protected]

Education

William Mitchell College of Law, J.D., magna cum laude, 2008

• Student Award of Merit, May 2008
• CALI Awards: American Legal History; Negotiation

St. Olaf College, B.A., History & Asian Studies, magna cum laude, Phi Beta Kappa, 2004

Bar Admissions

Minnesota, 2008
U.S. District Court, D. Minn., 2010

My Approach

When a borrower wants money to build something, finance an acquisition, or have additional funds available to operate its business and a lender has decided that borrower presents a reasonable risk, there’s no reason the two sides can’t make a deal happen. I work with banks, hedge funds, private equity funds, and other lenders and investors to find creative ways to structure deals that result in the best possible outcome for both parties.  I primarily represent lenders and protect their interests, but do so in a way that will work for the borrower, too, so the deals actually close.

Outside of work, I usher my kids around town and to soccer, basketball, swimming lessons, and gymnastics classes.

A Groundbreaking Moment in My Career

I started practicing in 2009, during the Great Recession, and for my first three years in practice, I worked in loan workout and restructuring where I ended up doing a lot of foreclosures and other collection work. I’m not a native Minnesotan, and didn’t know many places outside of Minneapolis or the South Metro. But I quickly learned my way around the wider metro area by foreclosing on properties all over the cities. And my collection work took me all around the state. When driving around the state for family getaways, we’d often pass places where my work had taken me and could tell my family: “Oh, Cloquet, I liquidated a hockey store there”; or “Hey, Hermantown, I foreclosed on an apartment complex there”; or “Hey kids, welcome to Afton, I repossessed two horses here.” One day, I was driving to a hearing and called my mom to say hello, as I often did on long drives, and told her where I was going – to Austin, Minnesota, to foreclose on a trailer park. As soon as the words were out of my mouth, I knew I had to make a change and diversify my practice.

So after restructuring and collecting on “bad loans” for years, I transitioned to commercial lending, which now comprises about 90% of my practice, depending on the economy. I still enjoy working on bad loans and all their special challenges. But now, when I drive around the city, I can also point to new buildings and developments and say, “Look at what we were able to turn that into.” I love feeling like I’ve helped build my community.

Practice Areas

Practicing Commercial Lending

My Experience

I represent lending institutions, including community, regional and national banks, hedge funds, and private equity funds, in structuring, negotiating and documenting a range of financing transactions, including real estate, construction, and general commercial and industrial transactions.  I also have extensive experience representing financial institutions with debt workouts, debt restructurings, foreclosures, and collections on the “back end” of deals, giving which helps me advise lenders on the “front-end” of deals to ensure they are properly secured and perfected in collateral in the event of a loan default.

Representative Matters

Private Equity:

• Represented agent/lead lender in a syndicated credit agreement financing an acquisition of a technology company with term loans, a revolving credit facility, with mezzanine debt, seller debt and equity from the Mezzanine Lender.
• Represented agent/lead lender in a syndicated credit agreement to finance the acquisition of mechanical device company with a term loan, revolving credit facility, involving security from international subsidiaries and assets in foreign countries.
• Represented participating lenders in capacities of joint-lead arrangers or senior co-lenders in variety of private equity transactions.

Commercial Lending:

• Represented senior lenders making revolving, term and equipment loans to borrowers financing acquisition of beer and spirits distribution rights and operating capital for distribution companies.
• Represented senior lenders extending term and revolving credit facilities to borrowers owned by ESOP Trusts.
• Represented parties involved in shareholder buyouts or transition of companies in the medical and accounting industry.

Real Estate Construction and Development:

• Represented lender making a real estate construction and term loan to a joint venture comprised of a regional developer and a public pension fund investor in connection with the development of a mixed-use apartment, office and retail development in Minnesota.
• Represented sole lender making construction and term loan for a mixed-use apartment and retail development in northern Minnesota.
• Represented lead lender making a construction loan to a national developer to acquire land and develop mixed-use apartment and retail development in Kentucky, with PACE financing.
• Represented lender making a real estate construction and term loan to a joint venture in connection with a development of an industrial business park in Colorado.

Hospital / Bond Financing:

• Represented lenders for tax-exempt non-bank qualified financings for hospitals in Wisconsin, Minnesota and South Dakota secured by Master Trust Indentures.
• Represented lenders for a bank qualified tax exempt real estate and construction loans.

SBA Financing:

• Represented lenders making SBA 504 program loans for numerous real estate construction and acquisition loans.
• Represented lender making SBA 7a program loans to acquire retail service franchises.

Restructuring and Workouts:

• Restructuring with forbearance agreements, loan modification agreement and extensions for commercial and residential developers, a drywall supplier, landscape companies, alternative energy companies, restaurants, and various retail companies.
• Many real and personal property foreclosures, private and public sales and auctions.

Also experienced in

Creditors’ Remedies, Bankruptcy & Work-Out

Real Estate Finance

Honors & Awards

Rising Stars

Minnesota Super Lawyers®, 2013-2021

Associations & Memberships

NAIOP

Turnaround Management Association