D. Benham Kirk maintains an active commercial transactional practice, including the structuring, formation, drafting and negotiation of various business entities, joint ventures and other commercial dealings. For nearly 35 years, his practice has been concentrated in the areas of commercial litigation and transactions.Ben also has extensive experience advising borrowers and lenders in commercial/secured loan transactions, and drafting and negotiation of many business agreements, including governing documents, employment agreements, service agreements, intellectual property agreements, buy-sell and other contracts. Ben is skilled in all aspects of commercial real estate transactions, including development, quiet title and like-kind exchanges.Ben’s practice places an emphasis on the representation of entrepreneurs and small businesses. A significant part of Ben's clientele are multi-unit restaurant operators. These include some of the largest franchise restaurant operators in the United States. He is also privileged to represent various real estate developers, oil and gas owners and operators, health care providers, many small business entrepreneurs in various sectors, and service entities, including marketing agencies. He also represents community and regional banks.Ben has also been a seminar presenter on a number of occasions.
- Represented several restaurant operators in the acquisition of multiple units and financing for the same.
- Represented numerous borrowers in negotiation and review of loan documents for large credit facilities.Represented numerous small business owners in connection with start-ups, as well as acquisitions of existing businesses from $500,000 to in excess of $50,000,000.
- Represented regional and community banks in out-of-the box lending transactions.
- Successfully represented a commercial real estate broker in an action for recovery of a six-figure unpaid commission when the sale did not close due to the seller's breach of the purchase contract.
- Represented private mortgage holder in complex mortgage priority claim against competing institutional lender.Represented an operator/minority owner in the sale of multiple saltwater disposal wells in the Bakken oil and gas field in North Dakota.
- Frequently represents entrepreneurs in service, real estate, technology and manufacturing sectors in connection on with start-up organization, business planning, contractual relationships, business ventures and, when appropriate, litigation.
- Represents health care providers in contract negotiations, preparation and acquisitions.