Heather Smith


Heather is a finance and real estate attorney with over 20 years of experience negotiating, documenting and closing large and small commercial credit facilities and other lending transactions.
She has represented administrative agents, syndication agents, lenders, borrowers and private equity sponsors in a variety of deals, including:
• secured and unsecured credit facilities,
• real estate loans,
• sports venue financings,
• asset based lending,
• mergers and acquisitions,
• syndicated credit facilities,
• bilateral credit facilities,
• subscription line credit facilities,
• equipment and project finance,
• lease financings,
• mezzanine financings,
• subordination and intercreditor arrangements,
• credit facilities guaranteed by the Export-Import Bank of the United States,
• loan participations, and
• loan restructurings, workouts and bankruptcy debtor-in-possession credit facilities.

She has also represented buyers and sellers of commercial real estate.

Heather has represented clients in deals for various industries, including amateur and professional sports (football, soccer, baseball, basketball and auto racing), entertainment, manufacturing, real estate, restaurants, gas stations and convenience stores, retail and technology.

Juris Doctor, magna cum laude
Order of the Coif, Managing Editor of Tulane Law Review, Senior Fellow for Legal Research and Writing, and Deblois Scholar

Bachelor of Arts, summa cum laude
Phi Beta Kappa, Wilkins Scholar, Dean’s List, Order of the Gownsmen (academic honor society)

American Bar Association
State Bar of Texas
Austin Bar Association
Texas Wall Street Women
Ellevate Network

Member of Dell Children’s Trust (an affiliate of Dell Children’s Medical Center Foundation) (2019 to present); Granting Committee (2020-2021); Art of Giving Team (2020-2021).
Co-Leader of Girl Scout Troop (2018 to present).
Member of Junior League (2004 to present)

• Represented multiple sports franchises in connection with stadium financings and other capital projects.
• Represented senior syndication agent and lender in connection with original financing and later restructuring of loan facilities for a major sports complex, including review and negotiation of subordinated and mezzanine debt terms on behalf of senior lenders.
• Represented equity group in connection with financing for the purchase of a sports franchise.
• Represented lender in connection with financing for the acquisition of a sports franchise and stadium improvements.
• Led team of lawyers and paralegals in documenting and closing on behalf of administrative agent and lenders a senior secured credit facility related to the acquisition by the borrower from a major oil company of over 81 convenience stores and 32 related special purpose entities, including documentation of liens on fee owned sites and leasehold interests. Unique issues presented included division of assets among separate series of a Delaware series limited liability company and a Nevada series limited liability company, gaming issues, alcoholic beverages as collateral, and various transfers of equity collateral among family-owned trusts for estate planning purposes.
• Represented major restaurant chain in connection with approximately $511 million credit facilities, including a Rule 144A offering of $295.5 million aggregate principal amount of senior secured notes and $215.6 million senior secured credit facility.
• Led team of lawyers in New York, Paris, Milan, and London in structuring and documenting financing for management buyout of European buying program for luxury retailer.
• Represented administrative agent and lender in connection with $220 million revolving loan facility secured by all personal property of debtors, including aircraft, deposit accounts and intellectual property.
• Represented national developer of housing in connection with $100 million subscription-line credit facility.
• Represented lender in $8.5 million revolving facility guaranteed by Export-Import Bank of the United States under the Working Capital Guarantee Program.
• Represented lender in successfully obtaining payment from Export-Import Bank of the United States on guarantee under Working Capital Guarantee Program.
• Represented Netherlands bank in connection with documentation and perfection of lien on equity interests issued by a Texas borrower.
• Counseled national real estate development company regarding letter of credit presentation and successfully obtained payment on $2.9 million letter of credit.