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James Spencer

Partner
+44.(0)20.7360.8176
Fax +44.(0)20.7648.9001
James Spencer is a partner in the London office and a member of the K&L Gates Banking & Asset Finance team. 

His practice primarily focuses on advising lenders, borrowers, servicers and investors on all aspects of real estate finance transactions. James represents banks, debt funds and alternative lenders on the origination of balance sheet and securitisable CRE whole loans, senior/mezz loans and A/B loans, as well as advising institutional real estate investors on their borrowings. James advises third party loan servicers on their appointment to CMBS transactions and advises loan servicers, as well as balance sheet lenders, on the workout and restructuring of distressed CRE loans. 

Mr. Spencer also advises clients on a variety of other structured finance transactions, including representing investment manager clients on CLO and CDO transactions. 

He also regularly advises corporate clients across various sectors on their financing needs.

Legal 500 recognises him as a "strong negotiator" (Legal 500, 2016).

Mr. Spencer was also named as a rising star in the 2013 and 2014 editions of Thomson Reuters' London Super Lawyers list.

Professional Background

Mr. Spencer qualified as a lawyer in 2004 and joined K&L Gates in 2007 from an international law firm.

Achievements

  • Selected as a 2013 London Rising Star by Thomson Reuters
  • Selected as a 2014 London Rising Star by Thomson Reuters
  • Recommended by the Legal 500, 2016 edition.

Speaking Engagements

  • “APL/LMA Real Estate Finance Evening Seminar - Intercreditors”, September 8, 2016
  • "Loan Terms and Covenants" as part of the CREFC Education Programme, July 12, 2016
  • "Loan Terms and Covenants" as part of the CREFC Education Programme, January 19, 2016
  • "Loan Terms and Covenants" as part of the CREFC Education Programme, July 21, 2015

Additional Information

Mr. Spencer has contributed to the following books:
  • "CRE Loan Servicing in CMBS 2.0: the Legal Issues", Commercial Mortgage Loans and CMBS: Developments in the European Market, Sweet & Maxwell 2016.
  • "Intercreditor Agreements: Terms and Issues", Real Estate Finance: Law, Regulation & Practice, LexisNexis Butterworths, November 2014, Second Edition
  • "Servicing Commercial Mortgage Loans and CMBS 2.0: the Legal Issues", Commercial Mortgage Loans and CMBS: Developments in the European Market, Sweet & Maxwell 2012.
  • "Commercial Real Estate Collateralised Debt Obligations", Real Estate Finance: Law, Regulation & Practice, Lexis Nexis Butterworths 2008.
  • "Commercial Real Estate CDOs: The US and European Markets – Part 2: The European Market", Commercial Mortgage-Backed Securitisation: Developments in the European Market, Sweet & Maxwell 2006.
  • "The Market Abuse Rules and their Legal Impact on the European CMBS Market", Commercial Mortgage-Backed Securitisation: Developments in the European Market, Sweet & Maxwell 2006. 
Real Estate Financings
  • Acting for real estate debt fund on numerous senior/mezz real estate financings.
  • Acting for a bank on a £35m development facility.
  • Acting for a bank on a £90m student accommodation facility.
  • Acting for an Asian bank on a £20m development facility.
  • Acting for an Asian bank on a €40m hotels facility.
  • Acting for a European bank on a €100m German real estate acquisition facility and subsequent restructuring.
  • Acting for a US bank on a €400m financing for the warehousing of real estate backed loan assets.
  • Acting for UK banks on UK and European real estate acquisition facilities.
  • Acting for a borrower on a £175m hotel financing.
  • Acting for a borrower on a £37m property acquisition transaction.
  • Acting for a borrower on a £16m property acquisition transaction.

Corporate Financings
  • Acting for a UK borrower on its £65m working capital and acquisition facilities.
  • Acting for an Asian borrower on their US$100m debt securities issuance.
  • Acting for a US borrower on their US$1bn global refinancing.
  • Acting for a UK borrower on a US$25m acquisition financing to acquire a German bank.
  • Acting for an investment management company on their group refinancing.
  • Acting for investors in connection with a number MBO financings. 

Asset Backed Financings
  • Acting for an investment manager in connection with a US$100m bond acquisition facility.
  • Acting for an investment manager in connection with a US$50m ABS acquisition facility.

AB Structures
  • Acting for a US investment advisor on the acquisition of a €54.5m B Loan secured over German property.
  • Acting for a US investment company on the acquisition of a €50m B Loan secured over German property.
  • Acting for a US investment company on the acquisition of a €34m D Loan secured over German, Swiss, Netherlands and Belgium property.
  • Acting for a US investment company on the acquisition of a €27m C Loan secured over German property.

Securitisation Transactions
  • Acting for a servicer on its appointment as servicer and special servicer on a Italian CMBS.
  • Acting for a US bank on its appointment as a servicer and special servicer on a UK CMBS.
  • Acting for a servicer on its appointment as servicer and special servicer on a UK CMBS.
  • Acting for a servicer on its appointment a successor servicer and special servicer on a number of legal CMBS transactions.
  • Acting for an investment bank on the unwind of a CMBS transaction.
  • Acting for a number of collateral managers on both European and US cash CDO transactions.
  • Acting for a collateral manager on a European CLO transaction.
  • Acting for collateral managers on synthetic CDO transactions.