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Brad Fuson is a long-time member of the firm's Commercial and Real Estate Lending Practice. 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 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 includes complex loan structuring and documentation, loan closings, and loan restructurings and workouts.

Mr. Fuson 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. 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.

  • 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

Professional Associations

  • Former Board of Directors and Former Treasurer, Indianapolis Bar Association
  • Former Chairman of Commercial and Real Estate
    Lending Sub-Committee of Banking Law Committee, American Bar Association Business Law Section
  • Former Board of Managers, Former Treasurer, Indianapolis Bar Association
  • Former Board of Directors, Meritas

Civic Involvement

  • Board of Directors and Treasurer, Froderman Foundation
  • Former Board of Directors, Former Secretary, St. Vincent Hospital Foundation
  • Former Board of Directors and Former Vice President- Board Development, Indianapolis Chamber Orchestra
  • Former Board of Directors, Indianapolis Symphony Society
  • Former Board of Directors, St. Luke's United Methodist Church
  • Former Board of Directors, Carmel Chamber of Commerce
  • Member, Finance Committee, St. Luke's United Methodist Church
  • Voulenteer, Crooked Creek Food Pantry

Awards & Recognitions

  • Indiana Super Lawyers
  • 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 & 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

Education

  • J.D., summa cum laude, Indiana University Robert H. McKinney School of Law, 1985
  • M.B.A., Indiana University Kelley School of Business, 1985
  • B.A., cum laude, DePauw University, 1982

Bar & Court Admissions

  • Indiana (1986)

Insights

Financial Services

The CARES Act: Flexibility for Lenders

March 26, 2020

Secured Lender

The CARES Act: Creditors' Rights & Bankruptcy

March 26, 2020

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