Burr, Arnall lawyers work deal for freight-forwarder's new HQ

Posted on January 21, 2009 17:40 by Andy Peters

At first, it looked like another financing deal was about to fall through for Burr & Forman partner Patrick J. Clarke. ocean

JPMorgan Chase & Co. had initially considered providing a $12 million construction loan for the new Sandy Springs headquarters of freight-forwarding company JAS WorldWide Management LLC. Clarke was to be outside legal counsel to JPMorgan on the transaction. But, at the last minute, because of the global credit crunch and other factors, JPMorgan dropped out, leaving the project in the lurch.

“I thought, ‘Another one bites the dust,’” said Clarke, who said that he’s seen a significant number of construction loans fall through in recent months.

JPMorgan never signed a term sheet for the loan and wasn’t formally committed to provide the financing, Clarke said. But a couple of weeks later, Colonial BancGroup Inc. gave Clarke a call. The Montgomery, Ala. banking company wanted to know if Clarke was available to advise on a financing project—the $12 million JAS WorldWide construction loan. Clarke accepted the assignment and the deal closed this month.

JAS WorldWide is a U.S. Federal Maritime Commission-licensed freight forwarding company that’s engaged in the business of air and ocean shipping, said the company’s outside counsel, Arnall Golden Gregory partner H. Bruce Jackson. JAS WorldWide conducts operations in about 100 countries. For the past three years, JAS WorldWide has been gradually moving its global headquarters from Milan, Italy to Atlanta.

The new corporate campus, which will be located on Barfield Road, will include three buildings and house the headquarters of JAS WorldWide and affiliated companies, including its U.S. operating subsidiary, JAS Forwarding Worldwide, Jackson said. JAS WorldWide will eventually station about 300 employees at the campus.

As for Colonial BancGroup’s construction loan, it was a transaction that bucked the recent trend of banks being skittish about floating loans, Clarke said.

“It’s not that banks don’t want to lend,” said Clarke, who said his practice is “95 percent” representing lenders. “It’s that there is just not a lot of projects for banks to lend on.”

As for JPMorgan, the bank wasn’t completely left out of the loop. Clarke advised JPMorgan on two separate loan-assumption transactions with JAS WorldWide. Those deals involved real estate properties that JAS WorldWide owned in Georgia and Illinois.


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Janet ConleyThe Deal Watch Blog is devoted to bringing you the latest news in business law in Atlanta, the Southeast and the U.S. The lead writer is Daily Report associate editor Janet L. Conley.

Janet L. Conley is an attorney who returned to journalism after practicing law with Akin, Gump, Strauss, Hauer & Feld in Washington and with the Georgia Legal Services Program in Atlanta.

During her tenure at the Daily Report, Janet, now the paper's associate editor, has covered law firm economics and management, business and federal courts. In 2007, she received the Georgia Associated Press Story of the Year award and the Atlanta Press Club’s Journalist of the Year award, both for small circulation newspapers, for "Green to Gold," a series of articles on how climate change will alter business and the law.

Janet has written for The American Lawyer magazine and the National Law Journal, among other publications. She also served as managing editor of GC South magazine.

Janet holds a journalism degree from Southern College and a juris doctor degree from the University of Pennsylvania. She lives in Decatur with her husband Mark Harper, also an attorney, and their three children.

She can be reached at jconley@alm.com.

Andy PetersThe contributing writer is Daily Report staff reporter Andy Peters.

Andy Peters has been a journalist since graduating from Furman University in 1992. A short list of the subjects he’s covered includes the Georgia state Legislature, the U.S. semiconductor industry, the Alabama-Florida-Georgia “water wars” litigation, the 1999 American Airlines pilots strike, Coca-Cola and PepsiCo’s battle to acquire the Gatorade sports-drink brand, indie rock music and high school football. Andy has written for Bloomberg News, the New York Times Web site, the Macon Telegraph, the Spartanburg (S.C.) Herald-Journal and the Atlanta Business Chronicle.

Andy has written the Deal Watch column for the Daily Report since March 2006. He was born in Chattanooga, Tenn. in 1971 and grew up in Ringgold, Ga. He lives in Decatur with his wife and two children.

He can be reached at apeters@alm.com.

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