Scott Night represents lenders and borrowers in a range of complex finance transactions including structuring and documenting syndicated credit facilities and multi-currency facilities. He offers clients broad experience in secured and unsecured credit facilities to real estate investment trusts (REITs), real estate investment funds, and homebuilders, as well as to the hospitality industry. Scott also represents private equity sponsors in leveraged financings to acquire or recapitalize their portfolio companies.
Scott represented the administrative agent and lead arranger in connection with a $3.5 billion equivalent global credit facility and a $1.0 billion equivalent global credit facility to publicly traded REIT involving U.S., Canada, Euro, Japan, Korea, and China borrowers and currencies.
Clients praise Scott for his responsiveness, business perspective, and ability to work well with opposing parties. Chambers USA, 2020 notes that his legal peers describe him as “an incredibly strong lawyer with a great lender practice” (Chambers and Partners). Prior to attending law school, Scott worked as an auditor with a “Big Four” accounting firm. He is a frequent speaker and author on finance-related issues including Texas usury laws.
Scott has had extensive involvement with the Business Law Section of the State Bar of Texas. In addition to being a past chair, he has chaired the Commercial Financial Services Committee and has been an active member of the Opinions Law Committee. Scott is also a past chair of the Texas Business Law Foundation, which advances business law and serves as a source of advice and consultation to all branches of Texas government.
Selected Publications and Speeches
- "The Phase-Out of LIBOR and Its Effect on Credit Agreements and Other Debt Instruments, speaker, 16th Annual Advanced Business Law Course - TexasBar CLE, Dallas, November 8-9, 2018.
- 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.
- $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.
- 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
- AV Peer Review Rated Preeminent by Martindale-Hubbell Law Directory
- Recognized in The Best Lawyers in America, Woodward/White, Inc., for Banking and Finance, 2013-2024
- Recognized by Best Lawyers as a 2020 "Lawyer of the Year," Woodward/White, Inc.
- Recognized by Chambers USA, Chambers and Partners, as a leading lawyer in Banking and Finance, 2010-2023
- Listed as one of the Best Lawyers in Dallas by D Magazine, D Magazine Partners, for Banking and Finance, 2005, 2011, and 2015-2020, 2022
- Named in Texas Super Lawyers, Thomson Reuters, 2009-2019
J.D., Southern Methodist University Dedman School of Law, 1989, cum laude; Order of the Coif
B.B.A., The University of Texas at Austin, 1983, with honors
Two recent court decisions may indicate more uncertainty with respect to the enforceability of “make-whole” premiums in bankruptcy. Make-whole or prepayment premiums are common within loan agreements, bond issuances and other debt instruments. Such provisions put a price tag on a borrower’s ability to prepay outstanding indebtedness before its maturity date.1 A make-whole premium is often negotiat [...]