Structuring Real Estate Sale-Leasebacks: An Alternative to Mortgage Financing for Owner-Operators and Investors
Strategies for Improving Balance Sheet, Maintaining Control of RE Assets, Recovering Capital Costs, and Reducing Tax Liability
Note: CPE credit is not offered on this program
Recording of a 90-minute premium CLE webinar with Q&A
This CLE webinar will provide real estate and finance counsel with the tools to structure sale-leaseback transactions. The panel will also discuss the advantages and pitfalls of these deals for seller/tenants and buyer/investors, and offer best practices to structure the deal for all parties to protect their interests.
Outline
- Current market trends in sale-leaseback transactions
- Advantages and pitfalls for both seller/tenants and buyer/investors
- Importance of a credit-worthy tenant
- Deal structures and terms
- Key lease provisions to protect the interests of all parties
- The new tax accounting rules for leases.
Benefits
The panel will review these and other essential questions:
- What are market conditions driving the increase in sale-leaseback activity?
- What deal structures are generally used for sale-leaseback transactions?
- What is the tax treatment of sale-leaseback transactions?
- What are the tenant’s objectives concerning subordination to the mortgage, and what rights should they seek to negotiate in SNDA provisions?
Faculty

Brian E. Davis
Partner
Mayer Brown
Mr. Davis focuses his broad-based real estate practice on providing counsel to equity investors and corporate users of... | Read More
Mr. Davis focuses his broad-based real estate practice on providing counsel to equity investors and corporate users of real estate in all facets of real estate investment, including JVs, acquisitions, dispositions, and financing. Mr. Davis has assisted clients in developing programmatic JVs and other platform-style investments and has extensive experience in distressed debt and equity transactions. In addition, he has structured and restructured complex sale-leaseback, leverage lease and synthetic lease arrangements and has lectured and written in the areas of distressed real estate.
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Stephen E. Friedberg
Member
Mintz Levin Cohn Ferris Glovsky and Popeo
Mr. Friedberg is engaged in the general practice of commercial real estate law, both nationally and locally, including... | Read More
Mr. Friedberg is engaged in the general practice of commercial real estate law, both nationally and locally, including complex leasing transactions; office leasing; shopping center, office and commercial building development; construction and redevelopment; sales, acquisitions and financings of large multiproperty groupings; complex financial restructurings for developers and other property owners; and the acquisition and disposition of oil and gas properties. Mr. Friedberg has lectured on various issues concerning office leasing, shopping centers and telecommunications.
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