Brion J. Kirsch

Brion is co-chair of Pullman & Comley’s Real Estate, Energy, Environmental and Land Use Department and a member of the firm's Commercial Finance practice. He focuses his practice on representing clients in all aspects of real estate, leasing, finance (secured and unsecured), development and general transactional matters.  National, regional and community banks as well as other types of lending institutions and borrowers of all types rely on Brion to represent them in both unsecured and secured (asset-based and real estate-based) financial transactions, including CMBS, syndications, participations, SBA financings, interest-rate swaps and other derivative transactions, tax credit transactions and renewable energy project financing.  Brion has also been certified by the National Association of Development Companies (NADCO) to represent third-party lenders and certified development companies in connection with SBA 504 loan closings. Commercial real estate developers, property owners, tenants and occupants seek his extensive experience in helping them with the acquisition and sale (including tax deferred exchanges under IRC Section 1031), land use, creation of common interest communities, construction, financing, commercial and residential loan workouts, loan restructuring and leasing for both landlords and tenants.  His leasing experience also encompasses "green" leasing and leasing for cell-towers and renewable energy project development including drafting and negotiating complex renewable energy power purchase agreements for solar, wind and hydro-electric facilities, site leases/easements, sale/leaseback transactions, interconnection agreements and renewable energy certificate/credit purchase agreements for projects located throughout the country.

Brion's work in other commercial transactions includes representation of the State of Connecticut on various grant and loan programs designed to provide financial assistance to both private entities and municipalities encompassing a wide variety of purposes and objectives, and transactions involving new market tax credits, historic tax credits and low-income housing tax credits.

Additionally, Brion has experience representing joint ventures and privately held/closely held businesses and their owners with regard to general business matters including distribution and franchise agreements (including agreements subject to the Petroleum Marketing Practices Act), the drafting and review of contracts of all types (including franchisor/franchisee agreements, licenses, construction contracts, group purchasing agreements and software/technology agreements), as well as corporate governance and organizational issues and business financing.

Brion is listed in The Best Lawyers in America in the area of real estate law, and was named to the Super Lawyers "Connecticut Rising Star" list from 2014-2018 in the areas of real estate, securities and corporate finance.  In 2013, he was a recipient of the Connecticut Law Tribune's "New Leaders in the Law" award.

Office

Professional Affiliations

American Bar Association

Connecticut Bar Association - Executive Committee, Real Property Section; past chair of Real Estate Section and past member of the Executive Committee, Young Lawyers Section 

Massachusetts Bar Association

Real Estate Finance Association, Hartford Chapter - Board of Directors, Sponsorship Committee 

Commercial Real Estate Development Association (NAIOP)

Honors & Recognitions

Listed in The Best Lawyers in America in the area of real estate law in 2018, 2022 and 2023

Recipient of the 2013 Connecticut Law Tribune's "New Leaders in the Law" award

Named to the Super Lawyers  "Connecticut Rising Stars" list from 2014 - 2018 in the areas of real estate, securities & corporate finance and business/corporate

Recent representations include:

• lead lender, administrative agent and arranger in connection with a syndicated lending transaction to a large regional petroleum product wholesaler that included multiple credit facilities in the aggregate amount of up to $178 million, interest rate swaps and risk participation agreements.
• a borrower in connection with structuring and closing a $70 million multi-tranche credit facility for working capital, capital expenditures and possible acquisitions.  The deal included the pledge by the developer and the guarantors of the credit facility of the ownership interests in more than 120 different entities.
•  a solar-panel developer in connection with structuring and closing construction and term financing for numerous leasehold sites on retail facility rooftops as well as ground mounted systems in New Jersey, Massachusetts, New York, North Carolina and Connecticut.
• lender in $74.15 million commercial portfolio loans for Boston-area apartment buildings containing nearly 600 units plus commercial retail and office space; all loans were done in connection with interest rate swap transactions.
• lender in $27 million term loan transaction secured by a leasehold mortgage on a ground lease estate of an office building in downtown Stamford, Connecticut, including representing the lead lender in connection with its sale of participation interests in the loan.
• Local counsel to borrower in connection with multiple credit facilities in the aggregate amount of $4.25 billion dollars secured by mortgages on real estate and leasehold interest in multiple states.
• Local counsel for lender in connection with construction, line of credit and revolving credit facilities in the aggregate amount of $582 million to build new power plants which were secured by leasehold guarantor mortgages.
• national management company in connection with leasing office and retail space in Connecticut, Massachusetts, Washington, D.C., Virginia, Florida and North Carolina, including drafting lease agreements, license agreements, building entrance agreements, kiosk license agreements, roof-top license agreements, management agreements, broker agreements and amendments to all of the foregoing.
• regional retail chain in connection with leasing anchor locations in shopping centers in New Hampshire, Connecticut, Massachusetts, New Jersey and Delaware ranging from 25,000 - 84,000 square feet.
• national petroleum products company with over 400 retail operations in the Northeast in connection with its acquisition, leasing (both as landlord and tenant) of gas stations sites, drafting and negotiating dealer sales agreements and franchise agreements governed by Petroleum Marketing Practices Act, the eviction of tenants and foreclosures of financing provided to dealers and franchisees in connection with the fit-out of retail locations.
• several developers and property owners in connection with the acquisition and sale of commercial real estate, including, structuring and closing of acquisitions and sales, financing, leasing, cell tower leasing agreements, development (including land use approvals), drafting and negotiating construction and construction management agreements, creating common interest communities (both fee and leasehold interests) and tax-deferred 1031 exchanges. 
•  the State of Connecticut in connection with various loans and grants under a variety of funds and programs, including the HOME Investment Partnership Program, Affordable Housing Program, Housing Trust Program, Manufacturer's Assistance Act, Urban Act, Small Business Express Act, EPA Revolving Loan Fund, Dry Cleaning Establishment Remediation Fund and Targeted Brownfield Development Loan Program.
• Local counsel for private equity fund in connection with $41.64 million acquisition of a 294-unit housing development in Connecticut.
• Represented developer of wind farm in connection with the approximately $18 million in construction to permanent financing.

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