Alan W. Scheufler

Partner | Group Leader, Banking & Commercial Finance

Alan Scheufler (pr: SHY-fler) is a business, finance, and real estate attorney with more than 39 years’ experience. He has achieved the highest rating, AV Preeminent®, from Martindale-Hubbell and has been named to The Best Lawyers in America® in Banking and Finance Law. He is also Group Leader of our Banking & Commercial Finance Group.

Alan’s broad commercial and real estate finance practice focuses on lenders who have complex or unique lending problems to solve, and borrowers who need financing to pursue their objectives but need a practical solution-driven approach. He represents major financial institutions, community banks, fintechs, investment funds, as well as borrowers and developers, in structuring and documenting loans for commercial, real estate, asset-based, and cash flow loans. Alan has handled a wide variety of financing transactions including participations, syndications, club-deals, lines of credit, term loans, real estate acquisitions, real estate construction loans, SBA loans, PPP loans and forgiveness, and refinancings.

Alan also regularly counsels owners of closely held and middle-market businesses and developers who want to maximize the value of their investments, grow, create jobs, and improve profits. His business practice focuses on business owners and developers seeking experienced guidance and solutions on business and real estate transactions, financing, loss and risk avoidance, corporate governance, buy-sell agreements, shareholder agreements, mergers and acquisitions, management buyouts, divestitures, and succession planning.

He is also experienced with alternate real estate development funding tools including Tax Increment Financing (TIF), Historic Tax Credit (HTC), New Markets Tax Credit (NMTC), and other financing sources to promote business growth, real estate development, and environmental brownfield cleanup.

Education & Admissions

Education

  • Miami University

    (B.A., 1980)

  • Case Western Reserve University School of Law

    (J.D., 1983)

Admissions

  • State of Ohio
  • U.S. District Court, Northern District of Ohio

Experience

REPRESENTATIVE EXPERIENCE

Finance Matters

  • Extensive experience in all aspects of commercial lending, representing lenders and borrowers who need to make or obtain revolving lines of credit, term loans, asset-based loans, cash flow loans, private equity financing, mezzanine loans, acquisition loans, SBA loans, PPP loans, and equipment lease financing.
  • Represents many lenders and borrowers on real estate acquisition loans, construction loans, refinancings, restructurings, brownfield clean-up loans, and seller financing.
  • Represents lenders making commercial loans to professional service firms and their principals, including loans for accounting, architectural, broker-dealer, engineering, legal, and investment management enterprises.
  • Represents agents and participants in club and syndicated commercial loan transactions.
  • Represents government entities and developers in creating new TIF and Joint Economic Development Districts (JEDD) to promote economic growth and development projects.
  • Advises numerous lenders who need to make mezzanine and other negotiated subordinated financings, including financial institutions, venture capital funds, community banks, pension funds, private lenders, and hedge fund investors.
  • Represents banks and private lenders who are having trouble getting their loans repaid, including extensive experience in challenging loan workouts, forbearance arrangements, and related creditors’ rights issues.

Corporate, Business, and M&A Matters

  • Has over 39 years’ practical experience guiding business owners and developers who want to maximize their equity investments, grow their businesses, optimize opportunities, structure and negotiate corporate transactions, complete mergers & acquisitions, buy or sell assets and real estate, complete management buyouts, negotiate public and private financing solutions, recapitalize, and adopt best-practice corporate governance policies.
  • Advises closely held businesses, both mature and emerging companies, on transactions, general corporate issues, real estate issues, loss and risk avoidance, licenses, data security, intellectual property protection, strategic planning, financing challenges, crisis management, and majority/minority shareholder disputes.
  • Guides businesses in structuring, negotiating, and new financings and refinancings to help leverage growth, create jobs, and increase profits.
  • Counseled business owners in manufacturing, distribution, warehousing, service, technology, real estate development, and other industries.
  • Guides business owners through succession planning and exit strategy issues as well as how to integrate decisions with their estate plans.
  • Guides businesses and individuals through entity choice, incorporation, limited liability company formations, business plans, and implementation strategies.
  • Negotiated and drafted numerous contracts with suppliers, customers and licensors, purchase and sale agreements, stock restriction agreements, employment agreements, deferred compensation, and non-compete agreements.

Real Estate Matters

  • Handled numerous transactions for buyers and sellers of commercial, office, industrial, mixed-use, multi-family, hotel, and shopping center properties.
  • Represented borrowers, developers, and lenders in the financing and refinancing of many commercial, office, industrial, mixed-use, multi-family, hotel, and shopping center properties.
  • Represented developers in the acquisition, historic restoration or adaptive re-use of commercial real properties utilizing HTC, NMTC, TIF, and other alternative financing sources.
  • Represented governmental entities and developers on creating TIF, JEDD, and CRA project financings.

Publications & Presentations

Client Alerts

Publications

  • “TIFs – A Development Tool Gaining Favor,” Cleveland Metropolitan Bar Journal (November 2021)
  • “Tools for Brownfield Redevelopment,” Properties Magazine (June 2017)

Presentations

  • “Transactional Law v. Litigation,” Panelist, Case Western Reserve University School of Law (February 2023)
  • “PPP Loan Forgiveness Update,” Cleveland Metropolitan Bar Association Webinar (June 2020)
  • PPP Loan Forgiveness – Some Answers, Difficult Questions,” Ulmer Webinar (May 2020)
  • Important Recent PPP Updates, New Rules and Deadlines—The Latest Information,” Ulmer Webinar (May 2020)
  • SBA Disaster Assistance Loans, Obtaining and Preserving Cash, and Other Remedies Under the New CARES Act,” Ulmer Webinar (April 2020)
  • “Mercy Mercy Me, We Need Money: Alternative Financing Sources & Incentives,” Cleveland Metropolitan Bar Association, 40th Annual Real Estate Institute (November 2018)
  • “Alternative Financing Sources for Redevelopment of Property,” Cleveland Metropolitan Bar Association, Environmental Law Institute: The Redevelopment and the Revival of Cleveland (December 2017)
  • “Lessons Learned in Workouts 2009,” Hot Topics: Financial Services Update 2009 (December 2009)
  • “The Bailout Buzz – What’s the Latest?” Hot Topics: Financial Services Update 2008 (December 2008)
  • “Subprime Mortgage Meltdown,” Hot Topics: Financial Services Update 2007 (November 2007)

Involvement

PROFESSIONAL AFFILIATIONS

  • American Bar Association
  • Ohio State Bar Association
  • Cleveland Metropolitan Bar Association

COMMUNITY INVOLVEMENT

  • Growth Capital Corporation (Chairman, 2017 to present; Vice President, 2005 to 2016; Director 2003 to present)
  • Brecksville United Methodist Church (Finance Committee, 2014-2022; Staff Parish Committee, 2023)
  • Brecksville-Broadview Heights City School District Board of Education (President, 2006-2007; Vice President, 2005; Member, 2004-2011 Term)
  • Brecksville-Broadview Heights Schools Foundation (School Board Representative, 2006-2011; President, 1994-2000; Co-founder and At Large Trustee, 1993-2003)
  • Brecksville-Broadview Heights Schools Issues Committee (Co-Chair of successful $36 Million Bond Levy Campaign for new High School construction, 1994; Co-Chair of successful 6.9 Mill Operating Levy, 1996-1997)

Honors

HONORS

  • Named to The Best Lawyers in America, Banking and Finance Law (2011-2024)
  • Named to the Commercial Real Estate Hall of Fame by Midwest Real Estate News (2020)
  • AV Preeminent Peer Review Rated – Martindale-Hubbell