Michael Gibson is a member in the Washington, D.C. office of Bass, Berry & Sims PLC and counsels clients on traditional finance and real estate transactions, with a particular focus on EB-5 funding options working closely with developers, regional centers and other intermediaries.
Prior to joining the firm, he was a partner at an AMLAW 100 firm. Gibson has worked on transactions involving EB-5 capital utilized to finance and develop energy power plants, hotels and other infrastructure assets. Gibson’s first transaction involving EB-5 capital involved the financing of a parking deck asset and, in keeping with the industry’s progress, his subsequent transactions have evolved in sophistication and complexity. As EB-5 transactions have been underwritten and documented in a manner similar to traditional financing and real estate transactions, Gibson’s background has helped EB-5 lenders and developers utilize EB-5 capital while maintaining a fair and reasoned balance between the parties.
By providing sound and creative solutions to EB-5 financings, Gibson hopes to strengthen and grow the EB-5 program in the United States and its perception abroad. Outside of his law practice, Gibson enjoys tinkering with and keeping old cars running and fly-fishing.
EB5 Investors Magazine and EB5investors.com Articles
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Filling the gap with EB-5: Mezzanine loans and senior loans, what’s the difference?
Critical information about loan structures that empowers EB-5 investors to make educated decisions about their investment in an EB-5 project.
Michael C Gibson
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Protecting Repayment of the EB-5 Investment: How to Navigate the Jungle of Intercreditor Loan Agreements
EB-5 loans are often undertaken as subordinate loans. When in a subordinate position, an EB-5 lender should always consider whether it would be beneficial to request an intercreditor agreement from the senior lender in the transaction. If a lender’s and borrower’s negotiating power permits it, an intercreditor agreement could be a critical component in protecting the lender’s ability to repay EB-5 investors in a distressed project situation.
Michael C Gibson