Arent Fox
ATTORNEY BIO
Kimberly A Wachen

Kimberly A Wachen
November 11, 2011
  • Partner
  • Washington, DC
202.775.5749
kimberly.wachen@arentfox.com

Kimberly Wachen uses her expertise and broad experience to structure, negotiate and close a wide variety of significant real estate, finance and corporate transactions.  Her approach to practicing law is to partner with her clients and deliver high quality work under tight deadlines while being sensitive to costs. She is a partner in the firm’s business department and real estate group, and chairs the firm’s hospitality industry practice group.  Her experience and background is described in more detail below.

Recent Recognitions

  • Selected as the “Leading Real Estate Lawyer” in Washington, DC by Legal Times (December 2008)
  • Rated as a leading real estate lawyer in Washington, DC by Chambers USA (2010-2012) and Legal 500 USA (2011-2012)
  • Recognized as a leading real estate lawyer in Washington, DC by Super Lawyers magazine (2011-2012)
  • Recognized by American Lawyer and Martindale-Hubbell as "Top Rated Lawyer" (2012)
  • Recognized as one of Washington DC's “Best Lawyers” by Washingtonian magazine (2011)
  • Recognized as a “Woman of Influence” by the Real Estate Forum (2008)

Client Work

Real Estate
Kimberly represents real estate investors, developers, and managers in large commercial real estate transactions, ranging from the purchase and sale of individual properties (e.g., hotels, senior living facilities, office buildings, and shopping centers) to multistate portfolio purchases and asset sales located in 35 states. She has significant experience in the negotiation of purchase, sale, development, and management agreements for hotel and resort properties and senior living facilities.
Kimberly also has extensive experience in ground leasing and other leasing transactions. Her leasing experience includes large headquarters complexes, office and retail properties, restaurants, industrial/flex (e.g., refrigerated warehouse space), and equipment.

Financing
Kimberly handles complex financing transactions for commercial real estate portfolios. She is particularly skilled in structuring and negotiating financing arrangements, including construction loans, mezzanine loans, inter-creditor agreements and take-out financing, for large real estate projects. Kimberly has been active in the financing and refinancing of hotels and senior living facilities as well as office buildings, multifamily units, shopping centers and educational and governmental facilities.

Kimberly represents lenders and private equity in the acquisition of portfolios of performing and non-performing loans.
She also represents borrowers, lenders and other loan participants in loan modifications, payment deferrals, forbearance arrangements, recapitalizations, entity restructuring, and other workout arrangements.

Corporate
Kimberly’s corporate experience, representing both public and private companies, includes the structuring and negotiation of national and international acquisitions, mergers, reorganizations, and joint ventures ranging in size from $30 million to $800 million. She is familiar with all types of equity participation for large real estate projects, including joint ventures, sale-leaseback transactions, preferred equity, and other equity infusion structures.

Sample Transactions

Recent examples of Kimberly’s real estate, financing, and corporate practice include representing:

  • Sunrise Senior Living in the negotiation of joint venture, development, management, and financing agreements for nine portfolios, consisting of more than 100 properties, with seven separate joint venture partners, and several different lenders. The assets are located in 21 states and were valued at more than $1 billion.
  • Borrowers in the negotiation of original loans, loan modifications, payment deferrals, forbearance agreements, and other workout arrangements with numerous institutional lenders such as Barclays Capital Real Estate, Capmark Bank, JPMorgan Chase Bank, N.A., KeyBank National Association, Manufacturers & Traders Trust Company, Millennium Bank, The PrivateBank and Trust Company, The Prudential Insurance Company of America, Sovereign Bank, and Wells Fargo Bank.
  • Marriott International in the development of its Edition brand hotels in Manhattan (Clock Tower Building) and the Seville Beach Hotel in Miami Beach.
  • Marriott International in the development of the JW Marriott San Antonio Hill Country Resort and Spa, which includes a 1,000-room JW Marriott hotel, two TPC golf courses, and an elaborate spa. Real Estate Forum selected the San Antonio transaction as one of the “Deals of the Year” for 2007.
  • Marriott International in connection with the development of the Grande Lakes Resort & Spa in Orlando, Florida, which consists of a 1,000-room JW Marriott hotel, a 584-room Ritz-Carlton hotel, and a Greg Norman championship golf course.
  • Marriott International in the acquisition of the Grand Cayman Marriott Beach Resort, a 304-room resort hotel located in Grand Cayman, British West Indies.
  • Sunrise Senior Living in the $362 million sale of 16 assisted living communities located in 12 states to affiliates of Ventas, Inc.
  • Affiliates of Horizon Bay Senior Communities in the sale, lease, and manage back of 20 senior living, assisted living, and continuing care facilities located throughout the United States.
  • Represented developer in an $88 million joint venture, development, and loan transaction involving the conversion of a luxury high-rise hotel and apartment complex into senior living residences in Clayton, Missouri.
  • The NASDAQ Stock Market, Inc. in connection with leasing office space throughout the country.
  • Blue Line Foodservice Distribution in connection with leasing dry and refrigerated warehouse space throughout the country.
  • Hospitals and medical practices in the negotiation of venture agreements, employment (and severance) agreements, asset purchase agreements, and purchase contracts and leases with suppliers of medical equipment.

Work Philosophy

Kimberly treats her clients as if she were an in-house lawyer, always focusing on the best interests of the business in mind. She delivers high quality work under tight deadlines with sensitivity to cost. She listens closely to her clients’ needs and combines her own real estate and tax background with the expertise of other attorneys at her firm to offer constructive and practical legal and business advice. She is known for vigorously advancing her client’s positions during negotiations. Moreover, she has earned a reputation for having the “people skills” to bring about results that satisfy her clients without antagonizing other parties to the transaction.

Previous Work

Prior to law school, Kimberly, a CPA, worked as a tax accountant for one of the “Big 4” international accounting firms.

Professional Activities

Kimberly is a member of the Urban Land Institute (ULI), ULI's Mixed Use Council (Red Flight), and Commercial Real Estate Women (CREW).

Bar and Court Admissions

  • District of Columbia Bar
  • Maryland Bar
  • New York Bar

Education

University of Pennsylvania Law School
, JD
Duke University
, AB
  ( cum laude )

Practices

  • Corporate & Securities
  • Real Estate

Industries

  • Hospitality
  • Long Term Care & Senior Living

Areas of Focus

  • Acquisitions & Dispositions
  • Acquisitions & Sales of Nonperforming Loans & Assets
  • Bankruptcies, Restructurings & Workouts
  • Development
  • Development
  • Entity Restructuring / Preferred Equity
  • Finance
  • Financing
  • Franchising
  • Joint Ventures, Strategic Alliances & Commercial Distribution
  • Leasing
  • Leasing
  • Mergers & Acquisitions
  • Mezzanine Financing
  • Mixed-Use Development
  • Multifamily Housing
  • Operations
  • Private Capital & Investment Funds
  • Real Estate
  • Real Estate Finance
  • Real Estate Finance
  • Workouts & Loan Restructuring
  • Awards & Recognitions

     
     

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