Thomas E. duB. "Ted" Fauls

Partner

Richmond
Business Phone: 804.697.1397
Business Fax: 804.698.5189

ted.fauls@troutmansanders.com

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Ted Fauls has extensive experience in representing financial institutions, other lenders and borrowers in a broad range of lending and financing transactions, including structuring, drafting and negotiating loan documents for secured and unsecured loan facilities, syndicated and non-syndicated loans, asset-based loans, acquisition loans, and secured and unsecured subordinated and mezzanine debt transactions. He also represents financial institutions and other lenders in all aspects of loan workouts and out-of-court restructurings, bankruptcy, creditors' rights, and note sale and note purchase transactions. In addition, Ted regularly advises financial institutions clients on a wide range of consumer credit compliance issues, including consumer compliance audits and new consumer product development. Ted’s 25+ years of experience representing lenders and borrowers enables him to formulate successful strategies and solutions for both new financing transactions and failed financing transactions.

Representative Matters

  • Represented a lender in connection with a $22.5 million construction/permanent loan to build a nationally franchised condominium hotel in Virginia.
  • Represented national lenders in connection with asset-based lending transactions ranging from $10 million to $100 million.
  • Represented national lenders in connection with the workout and restructuring of real estate secured and personal property secured loans ranging from $10 million to $100 million.
  • Represented national lenders in connection with note sales secured by real and personal property ranging from $10 million to $50 million.
  • Represented a national lender in all aspects of the workout and bankruptcy of vehicle floor plan loans, term loans, lines of credit, real estate loans and interest rate hedging (swap) agreements with automobile dealers.
  • Represented a lender in all aspects of the workout and bankruptcy of term loans, line of credit, and interest rate hedging (swap) agreements with a vertically integrated group of companies in the forest products business.
  • Represented a lender, as agent, in a $225 million secured syndicated credit facility to a coal company.
  • Represented a lender in connection with the restructuring of a $125 million credit facility into revolving and term loan facilities.
  • Represented a leasing company acting as agent with the restructuring of a syndicated lease in the amount of $25 million.
  • Represented a privately-held company in obtaining $170 million in revolving and term loan facilities from a national lender to acquire a competitor and refinance its and the competitor's debt. Collateral included real estate and personal property in 15 states.
  • Represented a publicly-traded company in obtaining a $120 million subordinated bridge facility extended by national capital markets participants.

Publications

  • Author, "Other Statutory Liens, Statutory Exemptions, and Fraudulent and Voluntary Conveyances," Enforcement of Liens and Judgments in Virginia, Seventh Edition.

Presentations and Speaking Engagements

  • Panelist, “Underwriting a Loan and Understanding Commercial Loan Documentation,” Troutman Sanders Seminar, March 15, 2017.
  • Panelist, “Avoiding Lender Liability,” Troutman Sanders Webinar, November 3, 2016.

Professional and Community Involvement

  • Board of Directors, The Richmond Forum (2007-2013)
  • Trustee, Saint Stephen’s Endowment Fund (2005-2010)
  • Virginia Bar Association (Member, Business Bankruptcy Business Law Sections)
  • American Bar Association (Member, Subcommittee on Secured Creditors of the Business Bankruptcy Committee and Subcommittee on Secured Transactions of the Uniform Commercial Code Committee)

Rankings and Recognition

  • Named the Best Lawyers’ 2012 Richmond Securitization and Structured Finance Law Lawyer of the Year.
  • Recognized in Best Lawyers in America in Banking Law (2008-2017); Financial Services Regulation Law (2011-2017); Securitization & Structured Finance Law (2009-2017); and Consumer Law (2015-2017).
  • Selected as a Virginia Super Lawyer in Banking Law, Securities & Corporate Finance Law, and Creditor Debtor Rights: Business (2006, 2008-2017).
  • Achieved Martindale-Hubbell's highest rating for legal ability and ethical standards.

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Education

  • The College of William and Mary, J.D., 1986
  • The College of William and Mary, B.A., 1983

Bar Admissions

  • Virginia

Court Admissions

  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Western District of Virginia
  • U.S. Bankruptcy Court for the Eastern District of Virginia
  • U.S. Bankruptcy Court for the Western District of Virginia
  • U.S. Court of Appeals for the Fourth Circuit