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Commercial Real Estate Loan Documents: Current Structures and Negotiating Trends

Nonrecourse Carve-outs, Springing Guaranties, SPE Provisions, Cash Management and More

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

This program is included with the Strafford CLE Pass. Click for more information.
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Conducted on Thursday, June 14, 2018

Recorded event now available

or call 1-800-926-7926

This CLE course will provide real estate counsel with an understanding of structural characteristics that institutional real estate lenders currently require in commercial real estate loans and typically negotiated terms. The panel will also discuss crucial court decisions that have impacted industry practices.


The commercial real estate industry has developed a variety of financing techniques which provide additional protections and controls to the lender and make loans more marketable in syndication or securitization. Counsel should understand the reasons behind these deal structures and the areas subject to negotiation.

Tight underwriting criteria, debt service or loan-to-value triggers, “special purpose entities” (SPEs), independent directors, nonrecourse carve-out, springing liability, and cash management are among the requirements that now appear in many commercial mortgage loan transactions. But, parties fiercely negotiate these provisions, which vary depending on loan size and attributes of the borrower and the property.

Listen as our authoritative panel of attorneys explores current deal and structuring terms now required by institutional real estate lenders in commercial loan documents. The discussion will include different types of cash management and reserves, variations on carve-outs and SPE requirements, and the areas of possible negotiation on each.



  1. Nonrecourse carve-outs
  2. Springing guaranties
  3. Cash management practices
  4. SPE provisions
  5. Reserve agreements and other credit enhancements


The panel will review these and other pivotal issues:

  • What are SPEs in real estate financing—and how are they structured?
  • What are the latest trends in nonrecourse carve-outs?
  • What are the types of cash management practices available?


Goodrich, James
James E. Goodrich

Saul Ewing Arnstein & Lehr

Mr. Goodrich handles industrial, office, retail and multi-family transactions for clients across the U.S. His work...  |  Read More

Homburger, Thomas
Thomas C. Homburger

University of Arizona James E. Rogers College of Law

Mr. Homburger concentrates his practice in the area of real estate financing, development and investment, and he is...  |  Read More

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