Kevin Lytle has a diverse real estate transactional practice, providing daily counsel to public and private real estate investment trusts, other commercial entities and to individuals. His experience extends to all aspects of sales and acquisitions, leases, sale-leasebacks, construction and permanent loans, acquisition loans, refinancings, loan and lease modifications and workouts and intercreditor agreements. Kevin also has experience in business entity creation, including bankruptcy-remote structuring and commercial landlord-tenant law.
Representative Transactions
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- Primary outside counsel to a real estate investment trust in connection with more than 400 acquisitions of net leased commercial property and loan portfolios with an aggregate value exceeding $3 billion, with sample transactions such as:
- $194 million CMBS financed acquisition of 27 net leased commercial properties
- $70 million CMBS financed acquisition and sale-leaseback transaction related to corporate headquarters of national casino operator
- $74 million commercial mortgage loan acquisition secured by national headquarters of S&P/Fortune 500 energy company
- $52 million financed acquisition of commercial mortgage loan portfolios and negotiation of servicing agreements with respect thereto
- Primary outside counsel and outside counsel to a leading commercial lender (top 10 in Fortune 500) in connection with over 100 transactions with an aggregate value in excess of $1 billion, with sample transactions such as:
- Primary outside counsel with respect to 25 property sale with $25.6 million bridge loan secured by those properties
- Primary outside counsel with respect to $16.6 million loan to single-purpose, bankruptcy-remote entity, secured by 25 properties, and master lease of those properties to affiliate of borrower
- Outside counsel with respect to $110 million mortgage loan acquisition and sale-leaseback transaction related to 121 retail petroleum/convenience stores
- Outside counsel with respect to $62 million mortgage loan acquisition and sale-leaseback transaction related to 102 auto parts retail stores
- Outside counsel with respect to $30 million mortgage loan acquisition and sale-leaseback transaction related to 20 microbrew/restaurant facilities
- Primary outside counsel to a real estate investment trust in connection with more than 400 acquisitions of net leased commercial property and loan portfolios with an aggregate value exceeding $3 billion, with sample transactions such as:
Education
- University of Nebraska College of Law (J.D., 1996)
- University of Nebraska-Lincoln (B.S., 1989)
Court Admissions
- Supreme Court of Arizona
- Supreme Court of Nebraska
- United States District Court, District of Arizona
- United States District Court, District of Nebraska
Professional Memberships & Activities
- State Bar of Arizona
Other Professional Experience
- Lytle Cartwright & Smith, PLC, Member (2007-2011)
- Bennett Wheeler Lytle & Cartwright, PLC, Member (2004-2007)
- Kutak Rock, LLP, Partner (2003-2004), Associate (1999-2002)
- DeMars, Gordon, Olson & Shively, LLC, Associate (1996-1999)
