Keenan Kolendo is a partner in the Real Estate Practice Group at Haynes and Boone, LLP. He has experience in assisting clients with commercial real estate transactions, including acquisition, development, financing, leasing and disposition of retail, office, senior-assisted living/memory care and industrial projects. Keenan's recent representations include:
- Representation of investment funds in acquisition, management and disposition of retail, office and multi-family property portfolios
- Representation of major U.S. financial institutions in real estate lending activities, including acquisition, construction and development transactions
- Representation of a REIT in connection with acquisition of 200+ property portfolio of senior-assisted living/memory care facilities
- Structuring, negotiating, documenting and closing real estate components of merger and acquisition transactions for both publicly and privately held companies.
- Obtaining favorable awards and settlements on behalf of private entities arising out of condemnation matters.
- Representation of a Fortune 10 corporation in its acquisition and development of retail store and distribution center sites.
- Representation of major U.S. financial institutions in real estate lending activities, including acquisition, construction and development transactions.Representation of foreclosure services provider in analysis of the Real Estate Settlement Procedures Act and its application to new lines of business.
Recent Publications and Presentations
- "Restrictive Covenants: What's New, What's Hot and What's Not" co-authored with J. Sullivan, presented July 10, 2010 at the 32nd Annual Advanced Real Estate Law Course in San Antonio, Texas.
- "Options for Clients Facing the General Mineral Exception," with B. Bryant, Texas Lawyer, March 2010.
- "Conveying Real Property Without Damaging a Title Policy," Dallas Bar Association Headnotes, January 2010, Volume 34, Number 1.
- "Negotiating Commercial Leases: Calculation & Recovery of Operating Expenses," presented May 27, 2009, at SES Negotiating Commercial Leases seminar in Dallas, Texas.
- "Subordination, Nondisturbance and Attornment Agreements," presented November 12, 2007 at the Dallas Bar Association Real Property Section Meeting in Dallas, Texas.
- "Annual Survey of Texas Law: Partnerships," SMU Law Review, Summer 2005, 58 SMU L. Rev. 1037.
- "OFAC and Money Laundering Regulations Bump Into Real Estate Transactions," co-author with Ann Saegert, presented at the 38th Annual William W. Gibson, Jr. Mortgage Lending Institute.
Selected Representative Experience
Texas Wind Farm Financing
Represented construction lenders and energy hedge providers in Texas matters for secured project financing of the 200-MW Stephens Ranch Phase 1 wind farm.
Texas Wind Farm Project Financing
Represented Morgan Stanley Bank as construction lender and energy hedge provider in Texas matters for secured project financing of construction of 67-MW Windthorst - 2 wind farm sponsored by BlackRock.
Equity Rollover Transaction
Represent U.S. sellers in an equity rollover transaction in which a U.S. private equity firm acquired a controlling interest in the target U.S. and Canadian businesses.
NGL Partners Acquisition - High Roller/OWL
Represented High Roller Wells in connection with $239 million sale of Oilfield Water Lines LP to NGL Energy Partners LP.
Acquisition of the Assets of USA Mobile Crane, LLC by Allegiance Crane & Equipment, LLC
Represented Allegiance Crane & Equipment, LLC, a subsidiary of Prophet Equity LP, in its acquisition of the assets of USA Mobile Crane, LLC.
Ruby Tuesday Acquisition of Assets of Lime Fresh
Represented Ruby Tuesday, Inc. in its $24 million acquisition of assets of Lime Fresh Mexican Grill, Inc. and its affiliates. The asset purchase includes the brand's intellectual property rights and the assets of seven company owned restaurants, as well as royalties from five franchised restaurants.
State of Texas v. _____, Denton County Texas, 2011
Represented financial institution in condemnation proceeding. Successfully argued at the Commissioner's hearing for an award well above that initially offered by the State of Texas. The parties entered into a favorable Agreed Judgment prior to trial.
Wingate Partners in its Acquisition of Preferred Compounding Corp.
Represented Wingate Partners in its acquisition of Preferred Compounding Corp., a supplier of proprietary and custom mixed rubber compounds.
State of Texas v. _______, Dallas County Texas, 2011
Represented financial institution in protecting its secured interest in property during a condemnation matter against its borrower.
01/01/2010 - Conveying Real Property Without Damaging a Title Policy
Reproduced with permission from
Headnotes, a publication of the Dallas Bar Association, January 2010, Vol. 34, No. 1.
05/27/2009 - Negotiating Commercial Leases: Calculation & Recovery of Operating Expenses
Presented at SES Negotiating Commercial Leases seminar in Dallas, Texas on May 27, 2009.
11/17/2007 - Subordination, Nondisturbance and Attornment Agreements
Presented to the Dallas Bar Association Real Property Section Meeting, November 12, 1007
A purchaser acquiring rental property at a foreclosure sale faces certain risks associated with tenants who are leasing all or part of the collateral. The purchaser may have unknowingly or unwillingly assumed the prior landlord’s obligations.
09/09/2004 - OFAC and Money Laundering Regulations Bump Into Real Estate Transactions
Presented at the 38th Annual William W. Gibson, Jr. Mortgage Lending Institute.