Bradley S. Fuson

Partner

e: bfuson@kdlegal.com
p: (317) 238-6227

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Bradley S. Fuson

Partner

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Mr. Fuson devotes his practice primarily to commercial and real estate lending, general corporate, corporate transactional, commercial leasing and general real estate matters. Mr. Fuson has also participated in significant merger and acquisition transactions representing both purchasers and sellers of privately-held businesses in a variety of industries and has represented emerging companies in their various growth stages. Mr. Fuson’s responsibilities in his representation of financial institutions, life insurance companies and other non-financial institution lenders include complex loan structuring and documentation, loan closings, and loan restructurings and workouts. Mr. Fuson often serves in support of Krieg DeVault’s Creditors' Rights and Litigation Practice Groups and has participated in many complex deed in lieu of foreclosure transactions and other workout and forbearance arrangements involving real estate and non-real estate commercial assets. He is Chairman of the firm's Commercial and Real Estate Lending Practice Group. Mr. Fuson is a frequent author and lecturer on topics involving Article 9 of the Uniform Commercial Code, lender liability issues, general business, real estate lending and real estate acquisitions and sales matters and is recognized as an authority in these areas within the State of Indiana.

Representative Experience

  • Responsible for representing a syndicate of lenders associated with secured credit facilities in excess of $220 million to a borrower involving agri-business operations
  • Responsible for representing both building ownership and tenants involving numerous law firm office leases
  • Represented ESOP trusts associated with secured leveraged ESOP transactions
  • Represented numerous senior secured lenders involving leveraged buy-outs which included mezzanine, second lien and subordinated credit strips
  • Represented seller of multi-location grocery store chain to regional operations
  • Represented a borrower associated with an ethanol production facility financing
  • Represented the City of Indianapolis regarding the privatization of the Naval Air Warfare Center in Indianapolis, Indiana
  • Represented the purchaser of a lubricants production business with known environmentally contaminated properties
  • Represented senior secured lender associated with borrower with operations/collateral located in Mexico, Denmark, Canada, Poland and Puerto Rico
  • Represented senior secured lenders associated with construction loans for construction of hotels and motels
  • Represented developer/borrower regarding complex New Markets Tax Credit medical office building construction financing transaction

Education

  • Indiana University Robert H. McKinney School of Law, Indianapolis, Indiana (J.D., summa cum laude, 1985)
  • Indiana University, Bloomington, Indiana (M.B.A., 1985)
  • DePauw University, Greencastle, Indiana (B.A., cum laude, 1982)

Bar Admissions

  • Indiana, 1986

Professional Associations

  • Indianapolis Bar Foundation, 2004 - 2007 (Board of Directors), 2004 - 2005 (Treasurer)
  • American Bar Association - Business Law Section, 2000 - 2004 (Past Chairman of Commercial and Real Estate Lending Sub-Committee of Banking Law Committee)
  • Indianapolis Bar Association, 1995 - 1999 (Board of Managers, Treasurer)
  • Froderman Foundation, 1992 - Present (Board of Directors, Treasurer)
  • St. Vincent Hospital Foundation, 1994 - 2010 (Board of Directors), 2001 - 2006 (Secretary)
  • Indianapolis Chamber Orchestra, 2002 - 2008 (Board of Directors, Vice President - Board Development)
  • Indianapolis Symphony Society, 2006 - 2010 (Board of Directors)
  • St. Luke's United Methodist Church, 2006 - 2012; 2014 - Present (Board of Directors), 2006 - Present (General Counsel)
  • Meritas, 2009 - 2012 (Board of Directors)
  • Carmel Chamber of Commerce, 2013 - Present (Board of Directors)
  • Achieve International, Inc., 2013 - Present (Board of Directors)

Awards and Recognitions

  • Indiana Super Lawyers, 2006-2018
  • Who's Who in Banking awarded by Indianapolis Business Journal
  • Distinguished Fellow of Indianapolis Bar Foundation
  • Graduate of Ardath Burkhart Leadership Series
  • Chambers USA: Leader In the Field of Real Estate
  • Martindale-Hubbell Peer Review Attorney Rating A-V (highest rating)

Seminars and Presentations

  • "Lending Horror Stories:  Ghouls and Objectives", The Risk Management Association, 2012, 2013
  • Indiana's Commercial Real Estate Conference, Panelist/Speaker, 2013 
  • "Commercial Lease Issues in Finacially Challenging Times", BOMA Indianapolis Annual Seminar Series, 2010
  • Fundamentals of Acquisition Transactions in Indiana", Lorman Education Services, 2006
  • "Annual Real Estate Institute", Presenter and Participating Author, Indiana Continuing Legal Education Forum, 2005
  • Basic Principles of Title Insurance and Surveys, 1998 - Present
  • Essential Elements of National Flood Insurance Program, 2004
  • Lender Liability in Indiana, Lorman Education Services, 1997, 2004
  • Revised Article 9 of Uniform Commercial Code, 2000 - 2001
Representative Experience
  • Responsible for representing a syndicate of lenders associated with secured credit facilities in excess of $220 million to a borrower involving agri-business operations
  • Responsible for representing both building ownership and tenants involving numerous law firm office leases
  • Represented ESOP trusts associated with secured leveraged ESOP transactions
  • Represented numerous senior secured lenders involving leveraged buy-outs which included mezzanine, second lien and subordinated credit strips
  • Represented seller of multi-location grocery store chain to regional operations
  • Represented a borrower associated with an ethanol production facility financing
  • Represented the City of Indianapolis regarding the privatization of the Naval Air Warfare Center in Indianapolis, Indiana
  • Represented the purchaser of a lubricants production business with known environmentally contaminated properties
  • Represented senior secured lender associated with borrower with operations/collateral located in Mexico, Denmark, Canada, Poland and Puerto Rico
  • Represented senior secured lenders associated with construction loans for construction of hotels and motels
  • Represented developer/borrower regarding complex New Markets Tax Credit medical office building construction financing transaction
Education
  • Indiana University Robert H. McKinney School of Law, Indianapolis, Indiana (J.D., summa cum laude, 1985)
  • Indiana University, Bloomington, Indiana (M.B.A., 1985)
  • DePauw University, Greencastle, Indiana (B.A., cum laude, 1982)
Bar Admissions
  • Indiana, 1986
Professional Associations
  • Indianapolis Bar Foundation, 2004 - 2007 (Board of Directors), 2004 - 2005 (Treasurer)
  • American Bar Association - Business Law Section, 2000 - 2004 (Past Chairman of Commercial and Real Estate Lending Sub-Committee of Banking Law Committee)
  • Indianapolis Bar Association, 1995 - 1999 (Board of Managers, Treasurer)
  • Froderman Foundation, 1992 - Present (Board of Directors, Treasurer)
  • St. Vincent Hospital Foundation, 1994 - 2010 (Board of Directors), 2001 - 2006 (Secretary)
  • Indianapolis Chamber Orchestra, 2002 - 2008 (Board of Directors, Vice President - Board Development)
  • Indianapolis Symphony Society, 2006 - 2010 (Board of Directors)
  • St. Luke's United Methodist Church, 2006 - 2012; 2014 - Present (Board of Directors), 2006 - Present (General Counsel)
  • Meritas, 2009 - 2012 (Board of Directors)
  • Carmel Chamber of Commerce, 2013 - Present (Board of Directors)
  • Achieve International, Inc., 2013 - Present (Board of Directors)
Awards and Recognitions
  • Indiana Super Lawyers, 2006-2018
  • Who's Who in Banking awarded by Indianapolis Business Journal
  • Distinguished Fellow of Indianapolis Bar Foundation
  • Graduate of Ardath Burkhart Leadership Series
  • Chambers USA: Leader In the Field of Real Estate
  • Martindale-Hubbell Peer Review Attorney Rating A-V (highest rating)
Seminars and Presentations
  • "Lending Horror Stories:  Ghouls and Objectives", The Risk Management Association, 2012, 2013
  • Indiana's Commercial Real Estate Conference, Panelist/Speaker, 2013 
  • "Commercial Lease Issues in Finacially Challenging Times", BOMA Indianapolis Annual Seminar Series, 2010
  • Fundamentals of Acquisition Transactions in Indiana", Lorman Education Services, 2006
  • "Annual Real Estate Institute", Presenter and Participating Author, Indiana Continuing Legal Education Forum, 2005
  • Basic Principles of Title Insurance and Surveys, 1998 - Present
  • Essential Elements of National Flood Insurance Program, 2004
  • Lender Liability in Indiana, Lorman Education Services, 1997, 2004
  • Revised Article 9 of Uniform Commercial Code, 2000 - 2001