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Texas Super Lawyers Features 91 Haynes and Boone Lawyers

Ninety-one Haynes and Boone, LLP lawyers have been recognized in the Texas Super Lawyer 2013 award listing. >>

Haynes and Boone Highlighted in Chambers USA 2013

Haynes and Boone, LLP has been recognized in Chambers USA: America’s Leading Lawyers for Business 2013, an annual law firm directory. Chambers highlighted 19 of the firm’s practices along with 51 individual firm lawyers in their rankings.

The firm’s Bankruptcy/ RestructuringFranchising and Intellectual Property practices each earned national rankings. >>



Scott G. Night

Partner

Dallas


2323 Victory Avenue
Suite 700
Dallas, Texas 75219
T +1 214.651.5523
F +1 214.200.0564

Areas of Practice

Education

  • J.D., Southern Methodist University Dedman School of Law, 1989, cum laude; Order of the Coif
  • B.B.A., University of Texas at Austin, 1983, with honors

Bar Admissions

  • Texas
Scott G. Night

Scott Night is the chair of the firm's Finance section. He has experience in corporate, commercial, and real estate lending and workouts. He has represented lenders and borrowers in loan transactions including structuring and documenting syndicated credit facilities, real estate secured loans, commercial loans, acquisition facilities, multi-currency loan facilities, and debtor in possession ("DIP") credit facilities. His representation has also included lenders and borrowers in subordinated or mezzanine financing transactions.

Scott is also a frequent speaker on Texas usury law, guaranties, and other finance-related issues. He was recently a presenter in "Forbearance Agreement Fundamentals," a live audio conference presented by Lorman Education Services on April 4, 2013.

Scott is AV® Peer Review Rated Preeminent by Martindale-Hubbell® Law Directory. He was recognized by Chambers USA as a leading lawyer in banking and finance from 2010 through 2014. Scott was also recognized in The Best Lawyers in America® for Banking and Finance, 2013-2015. In 2009-2014, he was named a Texas Super Lawyer by Texas Monthly and in 2005 and 2011 was listed as one of the top attorneys in bank lending in Dallas by D Magazine. 

Scott's representations of administrative agents in finance transactions include:

  • US$3.4 billion equivalent global credit facility, US$1.75 billion equivalent global credit facility, and US$487.5 million equivalent term loan facility to publicly traded REIT involving U.S., Canada, Euro, Japan, Korea, and China tranches.
  • $1.5 billion revolving credit and letter of credit facilities to publicly traded national homebuilder.
  • $1.21 billion revolving credit facility to publicly traded national homebuilder.
  • €900 million equivalent senior unsecured credit facility to European property fund.
  • $700 million revolving credit and term loan facility secured by 16 hotel properties in multiple states.
  • $500 million revolving credit facility for acquisition, construction, and development of multiple real property projects.
  • $475 million revolving credit facility to publicly traded REIT.
  • $450 million revolving credit facility to publicly traded national homebuilder.
  • $320 million advancing term loan facility to facilitate acquisition financing and refinancing of publicly traded senior notes secured by multiple hotel properties.
  • $300 million unsecured revolving credit facility to publicly traded real estate investment trust and its operating partnership. 
  • $300 million multi-currency revolving line of credit to publicly traded oil and gas production and marketing company.
  • $200 million revolving credit facility secured by 25 hotel properties in multiple states.
  • $140 million term loan facility secured by eight hotel properties in multiple states.
  • $135 million revolving line of credit secured by 36 self-storage properties located in multiple states. 
  • $45 million revolving credit loan and $5 million term loan to National Basketball Association franchise.

Scott also assists borrowers in various acquisition and other businesses financings, including:

  • $188.35 million revolving credit and term loan facility in connection with acquisition of wine distribution business.
  • $20 million revolving credit facility for working capital and acquisitions for an equipment distributor.
  • $40 million credit facility to an oil and gas royalty partnership.
  • $39.4 million revolving credit and term loan facility in connection with the acquisition of a rubber compounding business.
  • $35 million revolving credit and term loan facility in connection with the acquisition of a distributor of oil and lubricant products.

Selected Representative Experience


$500 Million Syndicated Unsecured Revolving Credit Facility - National Home Builder
Represented major national banking institution as lead agent, swing line lender and letter of credit issuer in unsecured syndicated credit facility for national home builder.

Loan Restructuring/Workout - Commercial Real Estate Developer
Represented major national banking institution as lead agent in connection with the restructuring of the bank debt to a commercial real estate development company headquartered in California, including multiple revolving loans, term loans and construction loans.

Project Financing - Hawaiian Resort
Represented major national banking institution as lead agent in syndicated construction financing for a high-end beachfront resort in Hawaii.

$3.4 Billion Multi-Currency, Cross-Border Revolving Credit Facility
Represent the lead agent in a $3.4 billion multi-currency, cross-border revolving credit facility to a multi-national corporation and its subsidiaries.

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.

U.S. $3.4 Billion Equivalent Global Credit Facility
Represented the administrative agent in connection with a $3.4 billion (U.S. equivalent) global credit facility to a publicly-traded REIT involving U.S., Canada, Euro, Japan, Korea, and China tranches.

Wingate Partners in its Acquisition of Stein World
Represented Wingate Partners in its acquisition of Stein World, a leading designer, importer, and distributor of decorative home accents including furniture, lamps, occasional tables, accent chairs, and mirrors.

Wingate Partners in its Acquisition of USA Environment, LP
Represented Wingate Partners in its acquisition of USA Environment, a regional leader in the Gulf Coast U.S. in providing environmental remediation and industrial services including demolition, hazardous waste disposal and transportation.

Wingate Partners in its Acquisition of Cal Pacific Specialty Foods
Represented Wingate Partners in its acquisition of a controlling interest in Cal Pacific Specialty Foods, a producer of high-quality value-added strawberry products for the industrial and food service markets.

$930 Million Workout and Bankruptcy - Homebuilder
Represented the administrative agent in connection with the restructuring of revolving bank debt of a homebuilder, including the collateralization thereof and coordination with other creditor constituencies, and in the subsequent bankruptcy.

$125 Million Loan Collection from Homebuilder
Represented the administrative agent in connection with the 100 percent collection of debt owed by a real estate development joint venture, including making demand under collateral maintenance guaranties.

$1.1 Billion Loan Restructuring - National Homebuilder
Representation of the administrative agent in connection with the restructuring of the bank debt to a homebuilder headquartered in California, including revolving debt and two tranches of term debt.

$1.4 Billion Facility to Long Distance Reseller
Represented the administrative agent in connection with $1.4 billion of revolving and term loans made in the U.S. and Canada to finance the acquisition of a long distance reseller company, resulting in a 100% collection.

Debt Restructure and Collections
Represented Southwest Savings Association, Bonnet Resources, Amresco, and Sunbelt Savings Association in connection with the collection of hundreds of loans including, real property foreclosures, personal property foreclosures, litigation, demands for payment, restructurings, and bankruptcies. These loans covered all industries and involved many novel factual and legal issues.

$500 Million Credit Facility - REIT
Represented a money center bank in connection with a $500 million revolving credit facility to a private real estate fund for the acquisition, construction, and development of multiple real property projects.

€900 Million Credit Facility - International Real Estate Fund
Represented the administrative agent and lead arranger in connection with a €900 million equivalent senior unsecured credit facility to an international real estate fund.

Real Estate
Representation of Administrative Agent in connection with restructuring of, and collection efforts and enforcement actions with respect to, multiple joint venture financings.

Revolving and Term Loan Credit Facilities - National Homebuilder
Represented administrative agent and lead arranger in connection with a national homebuilder’s senior revolving and term loan credit facilities recapitalization transactions.

€400 Million Credit Facility - International Real Estate Fund
Represented administrative agent and a joint lead arranger in connection with a €400 million equivalent senior unsecured credit facility to an international real estate fund.

$140 Million Term Loan Facility - Joint Venture Between REIT and Hotel Franchisor
Represented the administrative agent and lead arranger in connection with a $140 million term loan facility to a joint venture between a public REIT and a major international hotel franchisor secured by eight hotel properties in multiple states.

WCI Communities, Inc.
Representation of lender, as Administrative Agent, in connection with amendments to the $500 million pre-petition revolving line of credit for WCI Communities, Inc. and its related affiliates and subsequent representation of the lender in connection with a $150 million syndicated debtor-in-possession lending facility to WCI. In addition, the firm represented the lender in connection with the negotiation, documentation, and consummation of WCI’s plan of reorganization and exit facilities.

$200 Million Workout and Bankruptcy
Represent the administrative agent in connection with a $200 million credit facility and the bankruptcy of a single asset real estate entity.

Credit Facilities and Debtor-In-Possession Financing - National Homebuilder
Represented the administrative agent and lead arranger in connection with a national homebuilder’s credit facilities and Chapter 11 bankruptcy (including negotiation and documentation of the debtor-in-possession credit facility).

Memberships

  • Past Chair: Business Law Section, State Bar of Texas
  • Vice Chair: Texas Business Law Foundation
  • Member: Commercial Financial Services Committee, Business Law Section, State Bar of Texas
  • Member: Opinions Law Committee, Business Law Section, State Bar of Texas
  • Member: Texas Association of Bank Counsel

Online Publications

04/07/2010 - Weathering the Storm: Does the Bankruptcy Code Restrict a Liquidation Trustee’s Power after Plan Confirmation?
Reversing the decision of the United States District Court for the Northern District of Illinois, the Seventh Circuit (the “Court”) held in Grede v. Bank of New York Mellon, et al., No. 09-3121 (7th Cir. Mar. 18, 2010) that neither the Bankruptcy Code (the “Code”) nor the Supreme Court’s decision in Caplin v. Marine Midland Grace Trust Co., 406 U.S. 416 (1972) apply to the activities of a post-confirmation liquidating trustee appointed in a liquidating trust created by a confirmed plan of reorganization.

03/25/2010 - Weathering the Storm: Third Circuit Ruling on Credit Bidding is Bad News for Lenders
On March 22, 2010, the Third Circuit released its long-awaited ruling in the Philadelphia Newspapers case regarding the applicability of credit bidding. In Philadelphia Newspapers, the proposed plan of reorganization provided for a sale of assets free of the liens of the secured creditors without allowing the secured creditors to credit bid on the assets.

03/11/2010 - Weathering the Storm: Single Asset Real Estate Cases
From 2010 until 2013, approximately $1.4 trillion of commercial real estate loans will mature. This alert discusses the rules governing Single Asset Real Estate (SARE) Chapter 11 cases.

02/23/2010 - Weathering the Storm: The FDIC’s Authority to Repudiate Contracts
The current economic climate has led to a dramatic increase in bank failures over the past few years. In 2009 alone, 140 banks failed, compared to 26 bank failures in 2008 and only 3 bank failures in 2007. The Federal Deposit Insurance Corporation (the “FDIC”) recently announced that it has 702 banks on its “Problem List” as of December 31, 2009, up 27 percent from 552 banks on September 30, 2009. This acute trend has heightened the awareness and interest in the role of the FDIC as receiver of a failed bank.

06/19/2009 - Weathering the Storm: Options to Remove Liabilities for High Retiree Medical Costs from a Company’s Balance Sheet: VEBAs
High legacy costs for retiree medical benefits, along with Financial Accounting Standards Board Standard No. 158, which requires balance sheet recognition of such liability, has forced many companies to face the true size of the retiree medical obligations and to consider ways to reduce or limit costs.

05/27/2009 - Weathering the Storm: Retiree Benefits and Section 1114
Retiree benefits are often a central issue in bankruptcy cases. For many employers the high cost of retiree medical benefits has been a significant contributing factor to the Chapter 11 filing and a matter of ongoing concern if the debtor is to be able to successfully reorganize. Understandably, employees, retirees and unions are equally concerned about the status of retiree benefits. This alert discusses Section 1114 of the Bankruptcy Code.

05/07/2009 - Weathering the Storm: Modifying Your Company’s Debt: Tax Trap or Treasure?
Debtors increasingly are requesting that their creditors modify the terms of their debts because of difficulty or inability to service their debts in accordance with the debts’ existing terms. Faced with the prospect of debtor defaults and having to foreclose on property securing their loans causing the accrual of financial losses, creditors, too, often have an incentive to restructure debt to maximize their returns.

04/23/2009 - Weathering the Storm: Recent Decision Affects Setoff Under Netting Agreements
Companies that engage in multiple transactions with different entities of related groups often enter into contractual netting agreements that allow the setoff of obligations between entities within the groups. The effectiveness of these agreements has been called into question by a recent decision of a bankruptcy court in Delaware, which refused to allow a party to a contractual netting agreement to offset its obligations to the debtors against obligations of the debtors under the netting agreement. Parties to such netting agreements may have to reconsider how to structure such agreements and how to defend their effectiveness in court.

03/23/2009 - Waiver, Forbearance Agreements After Default
If the current economic downturn continues, the number of borrowers that default under debt agreements will increase significantly. A previously prized borrower that once could dictate terms to its lender likely will find itself with fewer options when facing a default and will be forced to work with its existing lender to obtain either a waiver or a forbearance agreement. This article, featured in Texas Lawyer, outlines steps to be considered when advising a client facing a default. For the complete article click here.

02/05/2009 - Weathering the Storm: I Woke up this Morning and I’m in Default. What do I do now?
Many companies entered into their existing debt agreements before the current economic crisis. As a result, the financial covenants in their debt agreements were based upon financial projections and assumptions that are no longer appropriate or attainable. Therefore, more companies are waking up to face defaults under financial covenants that they never anticipated and are left wondering what do they do next.

01/18/2006 - Location for National Bank for Diversity Jurisdiction
On January 17, 2006, a unanimous United States Supreme Court held in Wachovia Bank, N.A. v. Schmidt that, for purposes of accessing federal courts under the current diversity jurisdiction statute, 28 U.S.C.§1348, a national bank is a citizen only of the state in which its main office, as set forth in its articles of association, is located.

12/01/2005 - 2005 Texas Usury Reform: Finance Code Amendments Relating to Commercial Loans
In Texas, a lender who contracts for, charges, or receives interest in excess of the amount allowed by law can be subject to harsh penalties.  In 1997 and 1999, the Texas Legislature passed several significant reforms that provided some relief to lenders under Texas’ usury statutes.