Ms. Kelban is a "skilled and extremely competent" real estate lawyer.     The Legal 500 US

Michelle V. Kelban

New York
  • 885 Third Avenue
  • New York, NY 10022-4834
  • USA
 
 

Michelle Kelban is a partner in the New York office of Latham & Watkins, where she is a member of the Real Estate Practice. Ms. Kelban's practice focuses on all aspects of commercial real estate law with a particular concentration on real estate finance.

Ms. Kelban has significant experience in single asset and multiple property portfolio real estate financings, including securitized financings and participations and syndications secured by a range of property types such as hotels/resorts, gaming casinos, shopping centers, assisted living facilities and office buildings. Ms. Kelban also has substantial experience in mezzanine financing, preferred equity structures, equity investments, and single asset and portfolio sale leaseback transactions.

Ms. Kelban has represented lenders in connection with troubled loans involving amendments, restructuring, negotiating workouts and exercise of remedies. She has also worked with joint venture partners and real estate private equity funds in the formation and negotiation of complex joint venture agreements for purposes of developing, operating or addressing distressed situations with respect to various asset types including branded hotel/casinos and entertainment complexes.

Ms. Kelban is also well-versed in property development, including the obtaining of regulatory gaming approvals, management agreements, development agreements, reciprocal easement and shared use agreements, and has also handled the acquisitions and dispositions of various types of commercial real estate on behalf of sellers and purchasers, and has negotiated commercial leases and subleases on behalf of both landlord and tenant for office and industrial space.

 

Ms. Kelban's experience includes advising:

  • ManorCare Inc. in a sale-leaseback master lease transaction in connection with the purchase of ManorCare Inc.’s properties by HCP Inc. and involving 324 facilities in 34 states
  • A private equity fund in connection with their proposed acquisition of the US$10 billion loan portfolio and REO assets held by Anglo Irish Bank
  • An institutional lender in commercial mortgage backed securities loan originations secured by portfolios of retail assets throughout the United States
  • The joint venture of Leonard Green & Partners, L.P. and CVC Capital Partners with respect to the acquisition of BJs Wholesale Club Inc. and multiple sale-leaseback transactions in connection with the financing thereof
  • An administrative agent in the origination, workout, restructuring and exercise of remedies of a syndicated land and construction loan secured by a residential resort project located in Anguilla
  • A joint venture between a large private equity fund and publicly held hotel company in the US$1.4 billion CMBS and mezzanine acquisition and construction financing for a Las Vegas hotel/casino, subsequent restructuring and deed in lieu conveyance of equity and ownership rights with respect to same
  • An investment bank in term loan and revolving facility for Golden Nugget, LLC, owner and operator of hotels and casinos, in connection with its acquisition of the Trump Marina Hotel Casino in Atlantic City, New Jersey
  • A large private equity fund in financing, equity investment and cash flow participation with respect to two residential development sites located in California

 
  • Bar Qualification
    • New York
    Education
    • JD, George Washington University Law School, 2000
      with Highest Honors, Order of the Coif
    • BA, New York University, 1997
      Magna Cum Laude with Honors, Phi Beta Kappa
  • Practices
  • Industries