Structuring Landlord Lien Waivers and Collateral Access Agreements: Navigating Competing Interests of Tenant's Lender and Landlord
Recording of a 90-minute premium CLE webinar with Q&A
This CLE webinar will discuss the perspectives of both the tenant’s lender and the landlord with respect to the tenant’s collateralized property on the landlord’s premises. The program will look at the competing interests of the parties and provide practical suggestions for structuring and negotiating landlord lien waivers and collateral access agreements.
- Overview of state laws granting landlords liens on tenant property
- Other landlord rights to tenant’s property in event of lease default or abandoned property
- Lender interests and negotiating points for lien waivers and collateral access agreements
- Landlord interests and negotiating points for lien waivers and collateral access agreements
The panel will review these and other key issues:
- What are the lender’s concerns and negotiating points for the landlord lien waiver?
- What protections and limitations should the landlord seek in exchange for granting the lien waiver?
- What are the negotiating points in the collateral access agreement for both the landlord and secured lender with respect to handling the defaulted tenant’s property?
Andrea Campbell Davison, Esq.
Bean Kinney & Korman
Ms. Davison practices in the areas of bankruptcy, creditors' rights and financial restructuring. She regularly... | Read More
Ms. Davison practices in the areas of bankruptcy, creditors' rights and financial restructuring. She regularly represents secured and unsecured creditors, national and regional banks, asset purchasers, commercial landlords and tenants, and various other parties in a wide range of bankruptcy matters. Ms. Davison also counsels lending institutions and other clients in commercial loan transactions, and has performed title and survey review and other diligence in the sale, acquisition or leasing of commercial real estate.Close
John G. Kelly
Bean Kinney & Korman
Mr. Kelly focuses his practice on general corporate law and real property law, including commercial real estate... | Read More
Mr. Kelly focuses his practice on general corporate law and real property law, including commercial real estate leasing, financing and acquisitions, and business M&As. With respect to leasing, Mr. Kelly represents both landlords and tenants nationwide in substantial office, retail, industrial and government leasing transactions. His lending experience includes representing both lenders and borrowers in complex financial transactions secured by real or personal property.Close