Structuring Real Estate Joint Ventures to Address Loan and Manager Defaults, Bankruptcy, Distressed Property
Management Removal Provisions; Effect on Promote, Distributions, Exit Rights, Third-Party Contracts
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will enable real estate counsel to draft joint venture agreements which anticipate and provide a structure for addressing loan defaults, poor property performance, and bad acts by the manager or general partner. The panel discussion will include manager removal and related provisions which enable investors to take control and mitigate losses.
- Real estate joint ventures: roles of operator and investor partner(s) when deal is going as planned
- Events which may trigger defaults under the JV agreement
- Poor property performance, mismanagement
- Loan default
- Default or bad acts by the operator/manager
- Removal of manager
- Significant Removal Events
- Notice and cure provisions
- Impact on promote, capital contributions, distributions
- Property management and other third-party contracts
The panel will review these and other critical issues:
- When should an investor be entitled to remove and replace the operator/manager of the joint venture?
- What are the primary concerns of the investor vs. the manager in negotiating removal provisions in the JV agreement?
- How might a change in management impact promote, capital contributions and distributions?
Mr. Brown's practice encompasses the representation of institutional lenders, investors and business enterprises in... | Read More
Mr. Brown's practice encompasses the representation of institutional lenders, investors and business enterprises in diverse matters, including general business, transactions with bankruptcy estates, anti-bankruptcy transactional consultation, bankruptcy litigation, substantive non-consolidation, securitization and servicing and bankruptcy fraud.Close
Thomas G. Maira
Mr. Maira represents a large range of clients in all asset classes across the U.S., including private equity funds,... | Read More
Mr. Maira represents a large range of clients in all asset classes across the U.S., including private equity funds, lenders, real estate investors, owners and operators, investment banks, public and private companies, REITs, government agencies and entrepreneurs. He advises on real estate joint ventures, acquisitions, dispositions, real estate finance, and real estate development, workouts, leasing and asset management. He has deep industry experience, particularly in the area of cross-border transactions.Close