Mr. Marc L Schultz

Practice Details

• Firm Information
  Position

  Partner

  Firm Name

  Snell & Wilmer L.L.P.
• Representative Cases & Transactions
  Transactions

  Representative Transactions: Tax Credit Financing and Renewable Energy Transactions: Lead counsel to solar developer in its development and financing of 20 MWs of distributed generation solar projects in the Midwest; Lead counsel to regional bank in its tax equity investment (using sale-leaseback model) in numerous residential solar leases and equipment; Represented lender in making nonrecourse loans to solar developer engaged in a tax equity financing using the inverted lease model for the development of 5 MWs of distributed solar projects; Represented lender in connection with $20 million nonrecourse loan to developer to finance 10 MWs solar facilities located in Arizona, California and Colorado; Lead counsel in advising contractor/developer in negotiation of EPC contract for the construction and development of large distributed generation solar facility in the Midwest; Lead tax counsel to Low-Income Housing Tax Credit developer with respect to a transaction involving grant proceeds from Section 1602 of the ARRA and the monetization of the income tax losses to an investor; Lead tax counsel to prominent national hotel developer using New Markets Tax Credits and Historic Tax Credits financing to develop and operate a hotel in a historic building located in downtown Phoenix; Lead tax counsel to national real estate developer using New Markets Tax Credit financing to develop the commercial portion of a vertical mixed-use structure located in downtown San Diego whereby the residential units involved financing from Low-Income Housing Tax Credits; Lead tax counsel to solar project developer in its construction of utility-scale solar plant using New Markets Tax Credit financing and the monetization of Investment Tax Credits; Represented developer in the use of Low-Income Housing Tax Credits and Historic Tax Credits to rehabilitate large historic building to provide housing to veterans; Lead tax counsel for a nonprofit federal organ procurement organization (certified by Centers for Medicare and Medicaid Services) using state New Markets Tax Credit financing for working capital and business expansion purposes; Lead counsel in representing leverage lender in federal New Markets Tax Credit transaction with orthopedic hospital; Lead tax counsel for a nonprofit school using both federal and state New Markets Tax Credit financing to construct and operate a nonprofit high school in Nevada; Lead tax counsel for developer using New Markets Tax Credit financing to construct and operate a mixed-use building located in downtown Tucson; Lead tax counsel for developer of charter schools in using New Markets Tax Credit financing to construct and develop a facility for a charter school in Arizona; Tax counsel for a large national tax credit syndicator with respect to the syndication of Low-Income Housing Tax Credits and Historic Tax Credits; Tax counsel for CDE that requested private letter ruling from the Internal Revenue Service for special allocation by a partnership of the New Markets Tax Credit (and cited in the Novogradac New Markets Tax Credit Handbook); Significant Representations: Lead tax counsel for the formation of a joint venture involving a developer and large pension fund for the development of a $270 million high-rise building in the City of Chicago; Lead tax counsel to multi-national publicly traded corporation with respect to the negotiation of the largest single sponsorship payment with a professional athlete; Lead tax counsel to a large residential solar integrator in obtaining groundbreaking IRS private letter ruling regarding the tax treatment of the sale of renewable energy credits (RECs); Lead tax counsel in the structuring of a joint venture among three national shopping center developers to construct and operate a multi-use shopping and entertainment facility in the State of Wisconsin; Tax counsel to a real estate investment company with respect to its $300 million acquisition of a large real estate investment trust holding two large resort properties; Structured and was the lead tax counsel for a $250 million joint venture between three private universities located within the City of Chicago to construct and operate an urban school dormitory that was partially financed with tax-exempt bonds; Co-lead tax representation of the sellers of an Illinois-based manufacturer to a private equity group for $800 million; Tax counsel to New York investment bank with respect to the tax-free spin-off of a publicly traded corporation; Lead tax counsel in structuring and negotiating joint venture between large publicly traded corporation and large Tribal casino operator to construct and operate large-scale casinos within the United States; Tax counsel to major Division I college athletic conference; Lead counsel for the formation of numerous pooled investment funds with an aggregate targeted raise in excess of $850 million involving numerous assets classes including real estate, privately held companies, and marketable securities; Lead tax counsel to Illinois company with respect to its tax-free acquisition by a large publicly traded home improvement retailer for $130 million; Lead tax counsel for the divestiture of a large California real estate portfolio of numerous class A high-rise residential and office buildings involving complex forward and reverse like-kind exchanges and the acquisition of a large class A high-rise office building located within the State of California as replacement property (at a record acquisition price per square foot) using numerous tenancy-in-common arrangements; Lead tax counsel to manufacturer of wind turbines for the creation of a financial model to expand project development opportunities; Lead tax counsel for the formation of a joint venture involving a developer and investor for the conversion of a 65-story apartment building development into condominiums in the City of Chicago; Represented and negotiated settlements with the Internal Revenue Service for numerous investors of Lloyds of London with respect to multimillion-dollar disputes involving syndication losses and the passive loss rules; Obtained tax exemption ruling for a national labor union of resident physicians using a limited liability company as the tax-exempt entity; Developed structure for the sale and acquisition of private corporate jets in the State of Illinois to reduce taxpayers' sales tax liabilities; Provided tax advice to national real estate investment trust with respect to REIT compliance; Advised large tenancy in common syndicator with respect to like-kind exchange and tenancy in common issues