Dennis J. Henderson

Working primarily in the areas of structured finance and credit enhancement, Dennis is an experienced attorney with a substantial background in the representation of financial institutions in public finance transactions.
Dennis Henderson, Counsel, New York

Dennis Henderson is a transactional attorney with more than 30 years’ experience in a broad range of corporate, real estate and public finance transactions.  Dennis works closely with members of Arent Fox’s Real Estate, Public Finance and Bankruptcy and Restructuring practices to provide clients with counsel in all areas of financial transactions, many of which involve the intersection of corporate and real estate finance. He assists clients in all aspects of complex financial transactions including pooled mortgage loan transactions, government leased-back securities and credit-tenant financing. He also assists in the representation of indenture trustees, in connection with bankruptcy, workouts and new debt issues.

Client Work

Corporate. Dennis represents lenders and borrowers in commercial loan transactions secured by real property and all other asset classes. Loan transactions include senior, subordinate and mezzanine loans. In addition to preparation and negotiation of loan and security documentation, he reviews corporate organizational matters in real estate lending transactions,  including organizational documents, special purpose and preferred equity provisions, and enforceability opinions. Dennis also represents corporate trustees in corporate debt and debt restructuring transactions, including offerings of publicly and privately placed debt, secured and unsecured.  He also assists trustees in their related roles as exchange, tender and escrow agents.

He has also represented the purchasers of securities issued by developers in public/private partnership transactions, the proceeds of which were used to finance facilities leased to the Federal government or its contractors, including projects for the financing, construction and equipping of federal courthouses, post offices, office and research facilities and equipment and service contract arrangements for various agencies of the federal government.

Credit-Enhancement. Dennis represents government sponsored enterprises and other financial institutions  providing credit and liquidity support for bonds issued by state and local governments and agencies, including transactions involving multifamily housing, recreational and cultural facilities and school districts, among other projects. He also represents issuers of residual value and balloon note guaranty insurance policies, providing credit support for loans made to finance facilities to be leased to credit tenants. Transactions have included the financing of the development and construction of office buildings and medical facilities to be leased to agencies of the federal government, corporate headquarters, warehouses, shopping centers and various other commercial facilities around the country. He was involved in the representation of an insurer providing credit enhancement for securities issued to rehabilitate public housing projects financed in part with the issuance of low income housing tax credits.

Municipal Finance. Dennis has represented underwriters, purchasers, issuers and credit-enhancers of municipal bonds, including private activity bonds issued to finance facilities for educational institutions and hospitals, multifamily housing projects and mixed-used commercial office buildings, as well as general obligations of state and local governments.

Professional Activities

Dennis is a member of the American Bar Association and The Association of the Bar of the City of New York.

Publications, Presentations & Recognitions

“Securitization of Government Lease and Service Contracts,” The Metropolitan Corporate Counsel, Northeast Edition; March 2005 (Vol. 13, No.3), co-written with Richard Newman

Life Beyond the Law

Dennis was born and raised in Lima, Ohio. He is an ordained minister. He and his wife, Fanita, have four children.