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RCLLC served as Financial Advisor to McGregor Home ("McGregor"), a 501(c)3 provider of seniors housing, healthcare and other services to seniors in need, and those that care for them throughout Cuyahoga County, Ohio. The Transaction involved conducting competitive processes resulting in (i) the use of $39,150,000 in tax-exempt financing to refund a like amount of existing tax-exempt bank qualified indebtedness (and incidental thereto, the termination of certain interest rate swap agreements and the substitution thereby with an interest rate cap) and (ii) the provision of a taxable line of credit. The total of all financial engineering was more than $104,750,000. The transaction transitioned McGregor from a (primarily) synthetic fixed rate debt program to a (primarily) capped variable rate debt program.
In a public-private Rental Assistance Demonstration (RAD) partnership, HUD authorized a public housing authority (PHA) to combine Hope VI and Replacement Housing Funds (RHF) for use as a mortgage loan to finance a LIHTC equity development. On land where outdated public housing once stood, 30 replacement public housing and 18 LIHTC only units were newly constructed. When the for-profit developer lacked a viable 4% LIHTC transaction structure, bond counsel suggested they hire Roberts Consulting, LLC. Despite our developer client's obvious experience and expertise, they never executed a 4% tax-exempt, LIHTC bond deal before. Between the 4% tax credit equity and the HUD authorized loan, the project had sufficient sources, but the financing plan lacked the methodology to meet the "50% or more financed by tax-exempt bond proceeds test" (a requirement of IRC Section 42). Complicating was that HUD authorized loan proceeds to be invested in the development were in such amounts and paid in at times that the bonds could not (always) be cash collateralized. This issue could have rendered the bonds' credit as "junk" and pushed the interest costs too high to make the transaction feasible. Roberts Consulting aided by developing a structure and in preparing a cash flow proforma whereby $5.1 million in short term, tax-exempt bonds possessed the credit qualities of a comparable "A" credit rating and allowed for the meeting of the "50% test". The bonds were retired when the development was placed into service. RCLLC drafted the closing flow of funds memo.
Engaged by a Chicago, IL industrial park development REIT to convert from variable to fixed, 10 separate issues of industrial development revenue bonds, representing $48,150,000 in outstanding tax-exempt indebtedness.