Brian S. Atherton

Brian Atherton is a real estate attorney who helps his clients with major transactions, including lease negotiations, acquisitions and dispositions, and financings needed to close deals involving projects ranging from mixed-use developments to data centers. Brian’s clients include commercial landlords and tenants, real estate investment trusts (REITs),  joint ventures, commercial financial institutions, institutional lenders and developers. 

Lease negotiations

Brian has experience drafting and negotiating leases and subleases as well as reviewing title and zoning matters that underlie these deals. 

Select representations include:

  • A Fortune 50 company in connection with build-to-suit lease.
  • A multinational company in connection a lease for a 435,000-square-foot headquarters with phased delivery.
  • An e-commerce company in connection with a lease amendment adding 150,000 square feet in several phases.

Acquisitions and dispositions 

Brian helps clients acquire and sell properties by performing real estate due diligence as well as drafting and negotiating purchase and sale agreements and sale/leaseback transactions.

Select representations include:

  • A corporate client in the acquisition of a data center.
  • Investors in a $91 million portfolio sale of mixed-use buildings on Newbury Street and Boylston Street in Boston.
  • Several joint venture acquisitions and financings of senior living facilities.

Financing and loan transactions

Brian represents and advises commercial financial institutions, institutional lenders and developers on loans as well as construction, permanent and multi-state financings. His experience also includes advising on foreclosure, loan restructuring and workouts. 

Select representations include:

  • A developer of a proton laser therapy center involving a consortium of hospitals and approximately $240 million in financing.
  • A client in a $47.2 million HUD refinance in the Fenway neighborhood of Boston.
  • A lender in connection with mortgage financing of real estate and asset-based financing of restaurant franchises

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