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David LaSota is Co-Chair of the Chicago Corporate Practice. He focuses his practice on the representation of institutional investors in advising, structuring, and documenting debt transactions, with particular focus on credit tenant loan real estate transactions (CTLs) and project and infrastructure finance, including public-private partnerships. David has wide-ranging industry experience including federal and state government, public and private universities, hospitals, resorts, hotels, medical office buildings, retail outlets, parking and transportation facilities, data centers, and oil and gas facilities.

A considerable amount of David’s practice involves reviewing and negotiating lenders’ interests in leases, residual-value guaranties, construction contracts, concession agreements, and other project-related agreements, and negotiating and documenting financing arrangements. David is experienced with the rules and customs of the NAIC guidelines which govern the treatment of securities (including CTLs) as “Schedule D” bond transactions for certain institutional investors, and is frequently consulted by institutional investors and placement agents for structuring advice and guidance on such matters.

Concentrations

  • Institutional private placements
  • Net lease / credit tenant loans
  • Build-to-suit leasing transactions
  • Federal government finance
  • Project finance
  • Public-private partnerships
  • Student housing

Capabilities

Experience

  • Acted as counsel to institutional investor in connection with a $63 million credit tenant loan financing of a Department of Veterans Affairs out-patient facility where a new residual value guaranty was negotiated and implemented as part of the financing.
  • Acted as counsel to institutional investor in connection with a $65 million financing of Park City, Utah, ski resort involving an amendment and assumption of existing debt together with the issuance of variable rate notes.
  • Acted as counsel to institutional investors in connection with a $178.75 million credit tenant loan build-to-suit construction to permanent financing of a new corporate headquarters building in San Diego, California, which included a bifurcated funding.
  • Acted as counsel to institutional investors in connection with a $87.9 million credit tenant loan financing of two student residences of a Big Ten university.
  • Acted as counsel to institutional investors in connection with an A$76.3 million leased-backed financing of a student residence for an Australian university.
  • Represented institutional investors in a $68,693,000 senior secured financing backed by a concession agreement and thermal services agreement between a special purpose entity and a major hospital system which financed the installation of energy system improvements and the operation and maintenance of the utility plant located on the hospital’s main campus.
  • Represented institutional investors in a $42,500,000 senior secured financing backed by a concession agreement and thermal services agreement between a special purpose entity and a hospital system which financed the installation of energy system improvements and the operation and maintenance of the utility plant located on the hospital’s main campus.
  • €59,000,000 Senior Secured Notes of Sikuki Nuuk Harbour A/S (Greenland Port).
  • US$77,000,000 Senior Secured Notes of Gloucester Terminals LLC (Gloucester Ports, New Jersey).
  • US$263,000,000 Senior Secured Notes of Northwest Parkway LLC (Northwest Parkway, Denver, Colorado).
  • US$231,950,000 (Tax Exempt) and U.S.$57,996,000 (Taxable) Senior Secured Notes of Kentucky Economic Development Finance Authority (Kentucky Open-access Fiber Optic Broadband Network) Selected as The Bond Buyer's 2015 “Deal of the Year.”
  • Underwriter’s Counsel for $610,300,000 Michigan Strategic Fund Limited Obligation Revenue Bonds (I-75 Improvement Project), Series 2018.
  • Acted as underwriter’s and investors’ counsel in connection with US $232 million tax-exempt bond and US $58 million taxable private placement bond of the Kentucky Economic Development Finance Authority to finance a public-private partnership (P3) to bring high-speed Internet to all 120 of Kentucky’s counties. The bond offering was selected as The Bond Buyer's 2015 "Deal of the Year."
  • US$175,000,000 Senior Secured Loans to Millennium Parking Garages LLC (Millennium Parking Garages – Chicago) by a Syndicate of Banks from the United States, Italy, Canada, and Australia
  • US$44,313,579 Senior Secured Notes of Freeway Lighting Partners, LLC (Michigan Department of Transportation Freeway Lighting Concession)
  • US$518,500,000 Senior Secured Notes of Long Beach Judicial Partners LLC (Long Beach Courthouse Concession)
  • Acted as counsel to investors in a U.S. private placement of $260 million aggregated principal amount of subordinated (Tier 2 capital) notes of a New York state chartered bank.
  • Acted as counsel to institutional investors in connection with $60 million purchase of surplus notes of a mutual insurance company.

Recognition & Leadership

  • Listed, IFLR1000, "Notable Practitioner," Project Development, Banking, and Project Finance, 2019-2024
  • Listed, Leading Lawyers Network, 2019-2024
  • Listed, Thomson Reuters, "Stand-Out Lawyers," 2024
  • Team Member, a Law360 "Real Estate Practice Group of the Year," 2023
  • Team Member, Chambers & Partners USA Real Estate Law Firm of the Year, 2017-2018 and 2022
  • Listed, Chambers USA Guide, "Recognized Practitioner," 2016
  • Team Member, Corporate Board Member magazine and FTI Consulting Inc., one of "America’s Best Corporate Law Firms," 13th Annual Legal Industry Study, 2013
  • Member, American College of Investment Counsel

Credentials

Education
  • J.D., magna cum laude, Notre Dame Law School, 1998
    • Propter Honoris Respectum Editor, Notre Dame Law Review
  • B.A., magna cum laude, University of Illinois at Urbana-Champaign, 1994
    • Bronze Tablet Recipient (top 3% of class)
Admissions
  • Illinois