Structuring Commercial Real Estate Lease Guaranties: Good Guy Guaranties and Guarantor Waivers and Limitations
Negotiation Strategies for Landlords, Tenants and Guarantors
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will address the purpose and types of commercial real estate lease guaranties, the differences between full and limited guaranties, including the commonly used “good guy” guaranty. The program will discuss the impact of lease default provisions and remedies on the individual guarantor.
Outline
- Evaluating whether a personal lease guaranty is warranted for a specific deal
- Full vs. limited guaranty
- Good guy guaranties
- Limitations on guaranty coverage
- Limited guaranty periods: rolling or stationary?
- Lease default and remedy provisions: impact on the guarantor
Benefits
The panel will review these and other key issues:
- What scenarios would require a lease guaranty and what factors should landlords and tenants consider in framing the necessity and scope of the guaranty?
- What are the benefits of the “good guy” guaranty and what provisions should be included?
- What issues in lease guaranties most commonly give rise to disputes between the parties and how can the parties draft the guaranty to minimize later disputes?
Faculty
Marc J. Becker
Partner
Goldfarb & Fleece
Mr. Becker represents a wide range of clients in commercial leasing, development, sales, acquisitions and financing... | Read More
Mr. Becker represents a wide range of clients in commercial leasing, development, sales, acquisitions and financing transactions. His diverse client base includes individual developers, nonprofit organizations, real estate investment trusts, co-op and condo boards, restaurants and other real estate companies. His commercial leasing background includes mall and shopping center leasing, office leasing, warehouse and garage leasing, and mixed-use developments in Manhattan, the outer boroughs and beyond. Mr. Becker is a frequent lecturer at the International Council of Shopping Centers national conference and has published articles in ISCS publications and other real estate law trade journals.
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Jeffrey A. Margolis
Founder
Margolis Law Firm
Mr. Margolis has represented domestic and foreign clients in connection with acquisitions and sales of all types of... | Read More
Mr. Margolis has represented domestic and foreign clients in connection with acquisitions and sales of all types of properties, with special emphasis on office, industrial and retail (especially retail/shopping center) leasing. He has lectured on commercial real estate at NYU’s Real Estate Institute and Fordham Law School and has served as seminar leader on cutting-edge real estate topics at the International Council of Shopping Centers Law Conference and for the National Association of Commercial Real Estate Executives.
CloseIra Meislik
Managing Principal
Meislik & Meislik
Mr. Meislik’s practice is focused on all aspects of commercial real estate transactions, with particular emphasis... | Read More
Mr. Meislik’s practice is focused on all aspects of commercial real estate transactions, with particular emphasis on retail real estate matters. He also works in the business transactions area, where he is known for his emphasis on using and structuring unincorporated entities. Mr. Meislik is a Director, Business Law Section of the New Jersey State Bar Association, as well as Chair of the Legal Education and Uniform Laws Group, Real Property, Trust and Estate Law Section of the ABA. He is a frequent author and lecturer on real estate law matters.
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