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David P. Derber joined Kelly Hart & Hallman LLP in 1988 and is a partner in the firm’s Banking and Finance practice group. Mr. Derber obtained his bachelor’s degree from the University of Wisconsin in 1971 and his juris doctor from Southern Methodist University School of Law in 1974, where he was Order of the Coif. He has more than 30 years experience assisting domestic borrowers and lenders in structuring, negotiating, documenting, closing and administering secured and unsecured credit transactions. Mr. Derber’s clients principally include domestic financial institutions, national and middle-market companies, sponsors, developers and investors. His extensive experiences include construction loan facilities, oil and gas project financing, real estate development financing, commercial paper back-up facilities, asset securitizations and monetizations, letters of credit and credit enhancements, among others. These transactions have covered a wide spectrum of industries, including media and telecommunications, energy and power, hotel and hospitality, real estate partnerships, financial institutions and financial service providers, manufacturing and industrial businesses, and retail and consumer service providers.
Beyond his work for clients, Mr. Derber is a frequent writer and lecturer for various continuing legal education programs. In addition, he has served as Chair of the Texas State Bar’s Real Estate Forms Committee for five terms. That committee is responsible for editing and updating the Texas Real Estate Forms Manual, which is published by the State Bar. David is also a council member on the Real Estate, Probate and Trust Law Section of the State Bar of Texas, which reviews new legislation and posts update summaries and articles on its website.
David and his wife, Christine, live a pleasant commute away on the edge of ranch country. He has two grown children, Geoffrey and Victoria, and enjoys studying the history of the Civil War.
Education & Honors
University of Wisconsin, Madison, B. S., 1971
Southern Methodist University School of Law, J.D., 1974
Order of the Coif
Phi Delta Phi
Phi Eta Sigma
Admission & Affiliations
Texas, 1974
Member, Texas Association of Bank Counsel
Council Member, State Bar of Texas Real Estate Probate and Trust Law Section, 2005-present
Member, Legal Forms Committee, State Bar of Texas, 1984-1995 and 1999-present Chair, 2002 to present
Significant Matters
Represented a mortgage banking client in financing transactions totaling $2 Billion consisting of mortgage loan purchase and repurchase agreements with major Wall Street firms and mortgage warehouse lines of credit with banks and other commercial lenders.
Represented an investor group in its acquisition of a building products manufacturer in connection with a $25 Million senior secured syndicated bank loan agreement.
Represented a building products manufacturer in connection with a $145 million senior secured syndicated bank loan agreement.
Represented a disaster recovery and restoration service provider in a $22.5 million senior secured bank credit facility in connection with an owner buy-out.
Represented an investor group in its acquisition of oil and gas exploration and production company in connection with a $200 million senior secured syndicated bank credit agreement.
Represented an electrical equipment manufacturer/galvanizing services provider in connection with a syndicated bank credit agreement including term loans of $12.5 million and revolving borrowing based loans of $10 million.
Represented a disaster recovery and restoration service provider in a $35 million bank loan agreement used to prepay subordinate debt.
Represented an electrical equipment manufacturer/galvanizing services provider in connection with a $50 million bank loan agreement.
Represented a real estate developer in connection with $15 million of permanent financings for a mixed use, condominium structured development.
Texas local counsel representation of various clients in connection with financing transactions and rendering Texas local counsel opinion letters.
Represented a real estate developer in connection with $85 million of construction financings for a mixed use development.
Publications & Speeches
Assignment of Real Estate Rents, Protecting the Lender’s Interest, University of Texas Leasing Institute, April 2005
Article 9 for Real Estate Lawyers, South Texas College of Law, Real Estate Law Conference, June 2004
UCC Article 9-Collection Issues, State Bar of Texas Collections and Creditors Rights, May 2004
UCC 9-How it Affects Collections, State Bar of Texas Collections Practice, May 2003
New UCC Article 9, State Bar of Texas Advanced Real Estate Law Course, summer 2002
New Texas UCC Article 9, Impact on Financing Statements, Security Agreements, Deeds of Trust and Other Forms, State Bar of Texas Advanced Real Estate Drafting Course, winter 2002 |
