Brion J. Kirsch

Brion is co-chair of Pullman & Comley’s Real Estate, Energy, Environmental and Land Use Department and a member of the firm's Commercial Finance practice and Workouts and Financial Restructuring practice. He focuses his practice on representing clients in all aspects of real estate, leasing, finance (secured and unsecured), development and general transactional matters.  National, regional and community banks as well as other types of lending institutions and borrowers of all types rely on Brion to represent them in both unsecured and secured (asset-based and real estate-based) financial transactions, including CMBS, syndications, participations, SBA financings, interest-rate swaps and other over the counter derivative transactions, tax credit transactions and renewable energy project financing.  Commercial real estate developers, property owners, tenants and occupants seek his extensive experience in helping them with the acquisition and sale (including tax deferred exchanges under IRC Section 1031), land use, creation of common interest communities, construction, financing, commercial and residential loan workouts, loan restructuring and leasing for both landlords and tenants.  His leasing experience also encompasses "green" leasing and leasing for cell-towers and renewable energy project development including drafting and negotiating complex renewable energy power purchase agreements for solar, wind and hydro-electric facilities, site leases/easements, sale/leaseback transactions, interconnection agreements and renewable energy certificate/credit purchase agreements for projects located throughout the country.

Brion's work in other commercial transactions includes representation of the State of Connecticut and the Capital Region Development Authority on various grant and loan programs designed to provide financial assistance to both private entities and municipalities encompassing a wide variety of purposes and objectives, and transactions involving new market tax credits, historic tax credits and low-income housing tax credits.

Additionally, Brion has experience representing joint ventures and privately held/closely held businesses and their owners with regard to general business matters including distribution and franchise agreements (including agreements subject to the Petroleum Marketing Practices Act), the drafting and review of contracts of all types (including franchisor/franchisee agreements, licenses, construction contracts, group purchasing agreements and software/technology agreements (SaaS)), as well as corporate governance and organizational issues and business financing.

Brion is currently listed in The Best Lawyers in America in the area of real estate law, and was named to the Super Lawyers "Connecticut Rising Star" list from 2014-2018 in the areas of real estate, securities and corporate finance. In 2013, he was a recipient of the Connecticut Law Tribune's "New Leaders in the Law" award.

Office

Professional Affiliations

American Bar Association

Connecticut Bar Association - Executive Committee, Real Property Section; past chair of Real Estate Section and past member of the Executive Committee, Young Lawyers Section 

Massachusetts Bar Association

Real Estate Finance Association, Hartford Chapter - Board of Directors, Sponsorship Committee 

Commercial Real Estate Development Association (NAIOP)

Honors & Recognitions

Listed in The Best Lawyers in America in the area of real estate law in 2018, and 2022 - 2025

Recipient of the 2013 Connecticut Law Tribune's "New Leaders in the Law" award

Named to the Super Lawyers  "Connecticut Rising Stars" list from 2014 - 2018 in the areas of real estate, securities & corporate finance and business/corporate

Recent representations include:

• Lead lender, administrative agent and arranger in connection with a syndicated lending transaction to a large regional petroleum product wholesaler that included multiple credit facilities in the aggregate amount of up to $178 million, interest rate swaps and risk participation agreements.
• A borrower in connection with structuring and closing a $70 million multi-tranche credit facility for working capital, capital expenditures and possible acquisitions.  The deal included the pledge by the developer and the guarantors of the credit facility of the ownership interests in more than 120 different entities.
• A solar-panel developer in connection with structuring and closing construction, term and tax credit (bridge) financing for numerous rooftops as well as ground mounted systems in Arizona, New Jersey, Massachusetts, New York, North Carolina and Connecticut.
• A property owner in connection with the structuring and closing on the sale of multiple multi-family apartment complexes in Connecticut and Massachusetts containing over 200 units.
• Lender in connection with a syndicated $37 million construction/permanent loan facility to finance construction of a new 134-unit multi-family apartment complex in White Plains, New York.
• Lender in connection with a syndicated $50 million construction/permanent loan facility to financing construction of a mixed use development in Stamford, Connecticut containing 228-units of housing and approximately 8,000 square feet of commercial office/retail space together with a 228 car parking garage.
• Local counsel to borrower in connection with multiple credit facilities in the aggregate amount of $4.25 billion dollars secured by mortgages on real estate and leasehold interest in multiple states.
• Local counsel for lender in connection with construction, line of credit and revolving credit facilities in the aggregate amount of $582 million to build new power plants which were secured by leasehold guarantor mortgages.
• National management company in connection with leasing office and retail space in Connecticut, Massachusetts, Washington, D.C., Virginia, Florida and North Carolina, including drafting lease agreements, license agreements, building entrance agreements, kiosk license agreements, roof-top license agreements, management agreements, broker agreements and amendments to all of the foregoing.

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