Commercial Lease Restructurings and Workouts

Negotiation Strategies for Landlords and Tenants in Troubled Leases

Recording of a 90-minute CLE webinar/teleconference with Q&A


Conducted on Wednesday, September 22, 2010
Recorded event now available


This CLE webinar will provide guidance for counsel to commercial landlords and tenants on restructuring leases, negotiating lease workouts, and pursuing or defending an eviction and breach of contract action in the current real estate market.

Description

Lease defaults are at a record high and vacancies are mounting, providing significant leverage to tenants in lease negotiations. Tenants seeking to benefit from current market conditions are pressing for restructured lease terms, including reduced rent and other midterm concessions.

Moreover, tenants concerned about their landlords financial stability are insisting upon subordination, non-disturbance and attornment agreements to protect themselves. At the same time, tenants with failing businesses are pursuing lease workouts to avoid eviction.

Counsel for commercial landlords and tenants must carefully negotiate lease restructurings and workouts to protect their clients’ interests in the event the restructuring or workout fails. Counsel must also prepare to pursue or defend potential eviction and breach of contract lawsuits if necessary.

Listen as our panel of real estate attorneys offers strategies for commercial landlords and tenants negotiating troubled leases. The panel will discuss legal considerations and explain best practices for restructuring leases, negotiating lease workouts, and pursuing or defending an eviction and breach of contract action in the current real estate market.

Outline

  1. Current market trends
    1. Tenant lease defaults
    2. Leasing prices and incentives
    3. Mid-term concessions
    4. Subordination, non-disturbance and attornment agreements
  2. Options and strategies for keeping the tenant
  3. Options and strategies for ending the tenancy

Benefits

The panel will review these and other key questions:

  • What impact do current market dynamics have on the negotiation of commercial leases?
  • What lease terms should landlords be most concerned about when renegotiating an existing lease with a tenant?
  • How can subordination, non-disturbance and attornment agreements protect tenants in the event of foreclosure against a landlord?
  • What are some effective strategies for counsel for landlords and tenants when preparing to pursue or defend an eviction action?

Faculty

Richard R. Spore, III, Member
Bass Berry & Sims, Memphis, Tenn.

He practices in the areas of commercial real estate development, finance and leasing; business planning for business and real estate owners; partnerships and joint ventures; and business divorces. He represents real estate owners and tenants in a variety of commercial lease transactions and complicated lease workouts. He is a frequent writer and speaker on business and commercial law topics.

Gregory G. Gosfield, Partner
Klehr Harrison, Philadelphia

He is a member of the Real Estate and Finance Department. He has a depth of experience in counseling clients on debt and equity investments across the life cycle of real estate transactions. He lectures regularly to professional and trade associations and frequently publishes articles on the structure and use of critical components of real estate transactions.

Yolanda Rodriguez, General Counsel
O'Neill Properties Group, King of Prussia, Pa.

She is responsible for restructuring leases of multiple office and retail tenants and maximizing recoveries for O'Neill and its affiliates in connection with lease terminations. She provides legal oversight to all real estate broker relationships for O'Neill. O'Neill is a real estate developer and manager with over $1 billion portfolio of office, retail, residential and land holdings.

Ordering

Online CLE - Audio Recording

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, FL, GA, MO, MT, NM, TX, VT, WA.
Upon request, also available in: CO, CT*, ID, KY, LA*, ME, NC, ND, NE, NH, NV, OR*, SC, TN, UT, WI*, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $297.00
Available 24 hours after the live event

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, FL, GA, HI, MO, MT, NM, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, ID, KY, ME, ND, NE, NH, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.

Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event

How does this work?

DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H
Available ten business days after the live event

MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event

How does this work?

CD (Audio with Slide PDFs) $297.00 plus $9.45 S&H
Available ten business days after the live event

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Program Materials

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Program Materials

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Customer Reviews

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Real Estate Law Advisory Board

David A. Barksdale

Partner

Ballard Spahr Andrews & Ingersoll

Jacob Bart

Partner

Stroock & Stroock & Lavan

Brian W. Blaesser

Partner

Robinson & Cole

Ronald B. Grais

Of Counsel

Jenner & Block

Ren R. Hayhurst

Partner

Bryan Cave

Thomas C. Homburger

Partner

K&L Gates

Susan C. Tarnower

Counsel

Thompson Hine

Clark T. Thiel

Partner

Jones Day

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