Katherine Gassaway is a member of Winstead's Real Estate Development & Investments Practice Group. Her practice involves delivering strategic legal counsel across a variety of commercial real estate transactions, development projects, and complex financing matters. With a commitment to client objectives and innovative problem-solving, Katherine handles acquisition and disposition of raw land and developed properties, with and without land loan financing, advising on development of multifamily and industrial projects, with and without construction and term loan financing, real estate corporate venture structuring, residential and mixed use condominium structuring and management, and construction, term and bridge lending. In these transactions, Katherine represents developers, private real estate firms, private lending funds, and financial institutions in their capacities as sellers, purchasers, landlords, borrowers, sponsors, equity partners, lenders, and owners in real estate transactions.

Her practice also includes significant experience with joint venture documentation and negotiation, representing both sponsors and equity partners in structuring, negotiating, and drafting comprehensive agreements that minimize risk and maximize returns. She works closely with stakeholders to navigate partnership or membership matters throughout the transaction lifecycle, ensuring efficient and conflict-free collaboration. Through a solutions-driven approach and dedication to service, Katherine advances Winstead’s reputation for excellence in commercial real estate transactions, empowering clients to achieve their business and investment objectives.

Katherine is involved in the local chapter of TREC and previously served as a judicial intern for the Honorable Martin Hoffman in the 68th Civil District Court in Dallas, Texas, and was the recipient of the Mac Taylor Inn of Court Judicial Intern Stipend.

Representative Experience

Acquisition and Disposition

• Represents clients in both acquisition and disposition of real property, such as retail centers, mixed-use projects, and multifamily developments.
• Represents developers in the negotiation of confidentiality agreements in anticipation of the acquisition of real property. 

Joint Venture

• Represents sponsors on multifamily development projects with institutional equity partners, focusing on the risks associated with cost overruns, delays, guaranties, and potential loss.
• Represents equity partners regarding real estate transactions, focusing on appropriately allocating risk and rights throughout all phases of development and asset management, including exit rights.
• Represented preferred equity partner through negotiation of removal options for a defaulting sponsor and pay-off upon sale of the venture's assets.
• Represented sponsor on programmatic joint venture, with complex cross-default provisions, affiliate fees, and agreements. 

Real Estate Lending

• Represents lenders and borrowers regarding construction loans, refinancing, and permanent financing for retail centers, mixed-use developments, multifamily or office projects, and industrial build-to-suit and spec buildings.
• Represents lenders in negotiations of subordination, nondisturbance, and attornment agreements, navigating complex leasing structures and national tenants.
• Represented the agent on a complex construction loan for an industrial build-to-suit project, which was successfully closed during a statewide rolling power outage. 

Real Estate Development

• Represents developers in the development of multifamily, retail, office, and mixed-use development projects, including condominiums and hotels.
• Represented a private university in a multimillion-dollar farmout agreement to outsource on-campus maintenance and work obligations.
• Represented a private developer in the restructuring and partial sale of a large mixed-use retail, office, and residential project, including divisions of sub-units and further revisions to condominium documents.

Leasing

• Represents landlords in negotiating lease agreements for retail property.