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Rusty A. Fleming

Partner

Atlantic Station
201 17th Street NW
Suite 1700
Atlanta, GA 30363
rusty.fleming@nelsonmullins.com

Rusty Fleming represents traditional and non-traditional lenders in a variety of transactions, including syndicated and single-lender corporate and ABL credit facilities, CMBS loans, bridge loans, life co. balance sheet loans and mezzanine loans. Mr. Fleming also represents lenders active in the convenience/retail petroleum industry and restaurant industry providing acquisition, working capital, letter of credit facilities and...

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Rusty Fleming represents traditional and non-traditional lenders in a variety of transactions, including syndicated and single-lender corporate and ABL credit facilities, CMBS loans, bridge loans, life co. balance sheet loans and mezzanine loans. Mr. Fleming also represents lenders active in the convenience/retail petroleum industry and restaurant industry providing acquisition, working capital, letter of credit facilities and other types of financing. Mr. Fleming has also assisted a number of clients with designing, establishing and launching new loan programs. Additionally, Mr. Fleming’s team handles the servicing, syndication and disposition of existing loans and credit facilities.

other types of financing. Mr. Fleming has also assisted a number of clients with designing, establishing and launching new loan programs. Additionally, Mr. Fleming’s team handles the servicing, syndication and disposition of existing loans and credit facilities.

Rusty Fleming represents traditional and non-traditional lenders in a variety of transactions, including syndicated and single-lender corporate and ABL credit facilities, CMBS loans, bridge loans, life co. balance sheet loans and mezzanine loans. Mr. Fleming also represents lenders active in the convenience/retail petroleum industry and restaurant industry providing acquisition, working capital, letter of credit facilities and... other types of financing. Mr. Fleming has also assisted a number of clients with designing, establishing and launching new loan programs. Additionally, Mr. Fleming’s team handles the servicing, syndication and disposition of existing loans and credit facilities.

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Experience

  • Has closed hundreds of transactions while representing national commercial mortgage backed securities and other fixed-income lenders
  • Handled a variety of issues surrounding the capital markets industry, including cash management, syndicate tenant-in-common arrangements, hyper-amortization and other structured arrangements
  • Represented administrative agents and lead arrangers in syndicated corporate and ABL credit facilities
  • Designed and implemented new loan programs
  • Has handled loan servicing matters, whole loan sales, table funding arrangements and issues surrounding securitization

Representative Transactions

  • Represented national lender in $48 million term loan and $12 million revolving loan facilities secured by 56 convenience and gas stations in Colorado and Oklahoma

  • Represented administrative agent in closing and syndication of $26.5 million term loan and $7 million revolving loan facilities secured by 48 casual dining restaurants in Georgia and Texas

  • Represented CMBS lender in a $28.7 million loan secured by a regional mall in Georgia

  • Represented national lender in a $35 million term loan facility secured by 44 casual dining restaurants in eight states in the Southeast and Midwest

  • Represented national lender in $14 million term loan, $4 million revolving loan, and $9 million revolving loan facilities secured by 35 convenience and gas stations in Colorado, Kansas, and Nebraska

  • Represented CMBS lender in senior a $15 million loan secured by an office complex in Tennessee and represented mezzanine lender in a related $3 million mezzanine financing

Previous Professional Experience

  • Partner, Atlanta law firm (2007-2009, 2011-2015)
  • The Rusty A. Fleming Law Firm, LLC (2009-2011)
  • Structured finance associate, Dallas law firm
  • Commercial real estate and gaming associate, Mississippi law firm

Educational Activities

  • Cumberland Law School of Samford University
    • Abraham Caruthers Teaching Fellow

Education

  • Cumberland Law School of Samford University, JD (2002)
    • Editor in Chief, Cumberland Law Review
    • Henry Upson Moot Court Board Member
  • Samford University, MBA (2002)
  • Winthrop University, BA (1998)

Admissions

  • Georgia
  • Texas
  • Mississippi

Clerkships

  • The Honorable James D. Todd, Chief Judge, U.S. District Court for the Western District of Tennessee (2002 - 2003)

Practice Areas

Industries

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

  • Fellow, American College of Mortgage Attorneys

  • Chambers USA: America's Leading Lawyers for Business - Listed as a top lawyer in Banking & Finance (2009)
  • State Bar of Georgia 
    • Real Property Law Section Executive Committee member
  • State Bar of Texas
  • The Mississippi Bar Association
  • CRE Finance Council
    • Member, Education Committee
  • NACS, the Association for Convenience & Petroleum Retailing
  • Georgia Association of Convenience Stores
  • Mortgage Bankers Association
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