Steven A. Kaye

Partner

Fax: 404.873.8101
Atlanta
171 17th Street NW
Suite 2100
Atlanta, Georgia 30363

Biography

Steve is a partner in the Real Estate practice and serves as co-chair of the Healthcare Real Estate industry team. He counsels owners, developers and users of senior housing facilities, medical offices buildings and other healthcare facilities, and also in connection with office buildings and hospitality assets. Steve has significant experience representing public and private real estate investment trusts (REITs), private equity funds and institutional investors in connection with portfolio acquisition, disposition, leasing, financing and recapitalization transactions, as well as with dispossession of distressed tenants, including licensed operators of healthcare facilities.

Experience

  • Represent leading regional full-service eye care provider in connection with its real estate facility leasing, acquisition and finance transactions.

  • Represented family of private REITs in the $300 million sale of a sub-REIT which indirectly owned a portfolio of senior facilities.

  • Represent a Dallas-based private equity firm in connection with its joint venture investment with various regional and national developers and co-investors for the development, acquisition and financing of healthcare real estate assets, including medical office buildings, LTACHs and senior housing properties.

  • Represents Griffin-American Healthcare REIT in connection with its acquisition of regulated healthcare facilities, including portfolios of assisted living facilities, skilled nursing facilities, memory care facilities, long term acute care hospitals and surgical centers. Each transaction utilized a complex structure involving a master lease, multiple subleases, guaranties, letters of credit and inter-creditor agreements. Certain transactions utilized a RIDEA structure. Also counsel the REIT on distressed senior housing portfolio tenants, including lease terminations, pre-bankruptcy strategy, and the replacement of defaulted licensed facility operators.

  • Represents White Oak Healthcare REIT in connection with its acquisition and financing of regulated healthcare facilities, including portfolios of assisted living facilities, skilled nursing facilities, and memory care facilities. Each transaction utilized a complex structure involving a master lease, multiple subleases, guaranties, letters of credit, and inter-creditor agreements. Certain transactions utilized a RIDEA structure.

  • Represented national personal injury law firms in connection with their office leasing needs, including renewal and expansion of its 51,000 Atlanta office lease.

  • Represented a publicly traded REIT in a $4 billion sale of a portfolio of senior housing facilities.

  • Represented apparel retailer Carter’s, Inc. in the negotiation of construction-related contracts for the lease of its 224,000 first-generation Atlanta national headquarters space.

  • Represented regional owner of 2.5 million square foot portfolio of flex and mid-rise office properties, including acquisition, sale, leasing, finance and recapitalization transactions.

  • Represented joint venture in connection with its purchase of a 476,000 square foot office building and all subsequent leasing, recapitalization and financing transactions.

  • Representation of two national labor and employment law firms in negotiation of office leases, lease amendments and related documents, including SNDA agreements, construction agreements and letters of credit.

  • Represented national stock exchange as tenant in connection with the development, construction and leasing of a 35,000 rentable square foot Tier 4 data center.

  • Represented office building tenant’s purchase of its 400,000 square foot building, and the subsequent leasing and financing/recapitalization transactions.

  • Represented a publicly-traded REIT in connection with its land purchase, development and leasing of 714,000 square-foot regional shopping center, including leases and parcel re-sales to national retail tenants.

  • Represent owner of 1.1 million square foot multi-use property in connection with all leasing activities, including several leases in excess of 100,000 square feet.

  • Represented a publicly traded REIT in a $1.125 billion acquisition and restructuring of a senior housing provider that operates 96 senior-living communities as well as pharmacies in the Midwest.

Credentials

  • Northwestern University Law School, Juris Doctor — 1990
  • University of Michigan, Bachelor of Arts — 1987
  • State of Georgia
    • The National Association of Industrial and Office Properties (NAIOP)
    • Building Owners and Managers Association (BOMA)

Recognition

  • Chambers USA: America’s Leading Lawyers, Real Estate

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