Subordination, Non-Disturbance, and Attornment Agreements: Drafting to Protect Lenders, Tenants, and Landlords
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will discuss the purpose and objectives of subordination, non-disturbance, and attornment agreements (SNDAs) for all key stakeholders--lenders, tenants, and landlords. The panel will outline best practices for drafting and negotiating SNDAs and other related provisions, such as estoppel certificates.
Outline
- Overview of SNDAs and their objectives
- Subordination provisions
- Non-disturbance provisions
- Attornment provisions
- Additional provisions that are often included in SNDAs (estoppel, notice, use of property, casualty insurance proceeds)
Benefits
The panel will review these and other key issues:
- The lender's objectives in negotiating the SNDA agreement and how the lender can protect the future rental stream of the property
- The tenant's objectives beyond non-disturbance of possession of the premises and rights they should seek to negotiate
- The landlord's objectives in drafting and negotiating the SNDA agreement
Faculty
James C. O'Brien
Partner, Co-Chair Leasing Practice
Seyfarth Shaw
Mr. O’Brien has more than 20 years of experience as a transactional attorney. He has handled matters throughout... | Read More
Mr. O’Brien has more than 20 years of experience as a transactional attorney. He has handled matters throughout the country and internationally and has significant experience in California real estate transactions. Mr. O’Brien’s practice has included acquisitions, dispositions, leasing, financing, and joint venture formation. He represents both landlords and tenants in the leasing of office, retail, and industrial premises. He has experience with the entire life cycle of a lease, from negotiating letters of intent and leases themselves to dealing with construction and tenant improvement issues, expansion amendments, early terminations and lease disputes. Mr. O’Brien works closely with his clients’ brokers, construction managers, and other leasing professionals to complete lease negotiations as efficiently and as advantageously as possible.
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Katie K. Yuen
Partner
Seyfarth Shaw
Ms. Yuen works with owners and tenants of commercial and industrial real estate, including various facilities serving... | Read More
Ms. Yuen works with owners and tenants of commercial and industrial real estate, including various facilities serving e-commerce, to advise them in a variety of transactions, including acquisitions, development, and leasing. She works closely with clients to identify potential site challenges and develop strategies to deal with on-site logistics for properties across North America and Australia.
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