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Malcolm K. Montgomery

Partner
Malcolm Montgomery leads the Real Estate practice and co-leads the REIT Affinity Group. His practice spans domestic and cross-border investment and finance, and leveraged lending and bank finance for REITs and real estate companies. He advises on workouts and restructurings of construction, permanent and mezzanine loans and credit facilities. He handles financings involving assets and currencies in multiple countries, including multi-state secured loans, mezzanine financings, term and construction financings, subscription and debt portfolio financings, hotel financings and mortgage loans.

Selected Experience

  • Citigroup Global Markets, Inc., as lead arranger, in connection with the $1.19 billion bridge financing of the $4.3 billion merger of Washington Prime Group Inc. and Glimcher Realty Trust
  • Citibank, N.A. in $3 billion in global senior unsecured credit facilities for Digital Realty Trust, L.P., a REIT invested in data center facilities worldwide
  • U.S. Bank National Association and RBC Capital Markets in a $1.5 billion term loan secured by 16 shopping malls located in 14 states for General Growth Properties
  • Citibank, N.A. in $1.05 billion in senior unsecured revolving and term credit facilities for LaSalle Hotel Operating Partnership, L.P., a REIT invested in upscale full-service hotels

Selected Publications

  • Author, “The New Way to Bail Out Sinking Ships in the EU: “Bail-Ins” of Failing Financial Institutions,” American Law Institute (Fall 2016)
  • Co-Author, "The Financial Crimes Enforcement Network and Other Anti-Money Laundering Regulators Sharpen Their Focus on the Real Estate Industry as the Panama Papers Underscore Global AML Concerns", LexisNexis Emerging Issues Analysis – Research Solutions (2016)
  • Co-Author, "Hedging Your Bet: Interest Rate Hedge Agreements in Real Estate Financings", American Law Institute (2015)
  • Co-Author, “REIT Credit Facilities – Real Estate Debt in an Era of Capital Consolidation,” The Real Estate Finance Journal (Summer 2015)
  • Co-Author, “Market Standards for Flood Insurance Processes in Syndicated Lending,” The Loan Syndications and Trading Association (December, 2014)
  • Co-Author, “Top 10 Lessons from the Recession for Commercial Real Estate Lenders,” The Real Estate Finance Journal (Fall 2011)
  • Co-Author, “The Commercially Reasonable Real Estate Mezzanine Loan Foreclosure – Lessons From the Front Lines,” The Real Estate Finance Journal (Summer 2010)
  • Co-Author, “Appellate Court Ruling in Destiny USA: Notes of Caution for Construction Lenders and a Glimmer of Hope,” Pratt’s Journal of Bankruptcy Law (January 2010)
  • Co-Author, “U.S. Federal Banking Agencies Issue Policy Statement on Commercial Real Estate Loan Workouts,” Shearman & Sterling Client Publication (November 2009)
  • Co-Author, “Cleaning Up the Toxic Mess—the Treasury’s Emerging Plan to Promote Private Investment in Legacy Loans,” The Real Estate Finance Journal (Summer 2009)
  • Co-Author, “Detective, Liaison, Manager, Psychologist—Acting as the Agent in a Distressed Syndicated Real Estate Loan,” Real Estate Finance (February 2009)
  • Co-Author, “Treasury Considers Role for Private Investors in Economic Stabilization Plan and Provides Guidance on Selection of Asset Managers and Financial Agents,” Shearman & Sterling Client Publication (Fall 2008)
  • Co-Author, “The Rising Tide―Flood Insurance in an Active Hurricane Era,” The Real Estate Finance Journal (Winter 2006)
  • Author, “Rising Rates for Real Estate: Interest Rate Hedge Agreements Can Help,” Real Estate Finance (October 2005)
  • Author, “Working with Real Estate Appraisals―Tips on Appraising an Appraisal,” Real Estate Finance (April 2004)
  • Author, “Participation Pitfalls―Seven Questions Every Mortgage Loan Participant Should Ask,” Real Estate Finance (April 2003)
  • Co-Author, “Commercial Real Estate Lending in the United States,” The Real Estate Finance Journal (Fall 2002)
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Education

  • New York University, J.D., 1989
    • Order of Barristers
  • Princeton University, A.B., 1986

Courts

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