Construction Lending: Negotiation and Documentation Issues
Construction Draws, Balancing, Retainage, Payment and Completion Guaranties, HVCRE ADC Equ...
February 2, 2021 • CLE • Live Webinar
This CLE webinar will provide lender's counsel with guidance in negotiating and documenting construction loans, including provisions for making loan advances, budgeting and loan balancing, payment and completion guaranties, pre-leasing requirements, retainage, and project completion. The panel will...
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Real Estate Joint Ventures: Waterfall Structures, Developer Promote, IRR Lookback, Clawbac...
Calculating and Structuring Promote, Planning for Phantom Income, and Taxation of Carried...
February 23, 2021 • CLE • Live Webinar
This CLE webinar will guide real estate counsel on the basic components of a real estate joint venture, including attention to provisions for allocating management rights and responsibilities, manager/developer promote, structuring capital contributions (and remedies for failure to fund), distributi...
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Defeasance in Real Estate Finance: Process and Timing, Prepayment and Lockout Provisions
CMBS and SPE Concerns, Structuring Around Mortgage Taxes, Economics of Prepayment vs. Defe...
March 16, 2021 • CLE • Live Webinar
This CLE webinar will examine the mechanics of defeasance in CMBS and other yield protected commercial real estate loans. The panel will discuss restrictions inherent in yield maintenance and lockout provisions, the timing complexities and documentation of defeasance transactions, CMBS servicing iss...
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Structuring Opinions of Counsel in Real Estate Finance Transactions
Assumptions, Qualifications, Limitations, and Factual Certificates That Reduce Risks for O...
January 26, 2021 • CLE • CLE On-Demand, Download
This CLE webinar will prepare counsel to draft third-party opinions for real estate finance transactions. The panel will cover the opinions required--including authority, enforceability, and property-related opinions--and the assumptions, limitations, and qualifications that counsel should include t...
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Structuring Financeable Ground Leases and Leasehold Mortgages
Balancing Competing Interests Among Owners, Lessees, and Lenders
January 19, 2021 • CLE • CLE On-Demand, Download
This CLE webinar will provide counsel with an overview of the process of drafting and negotiating a financeable ground lease and address key provisions that balance the interests of the owner, lessee, and lender. The panel will also discuss the leasehold mortgage and issues presented by leasehold fi...
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Nonrecourse Carve-Outs, Bad-Boy Guaranties, and Personal Liability
Avoiding or Resolving Lender and Guarantor Disputes in and Outside of Bankruptcy
January 5, 2021 • CLE • CLE On-Demand, Download
This CLE webinar will offer real estate and finance counsel an examination of some of the more troublesome provisions at the heart of disputes between borrowers and lenders. The panel will review commonly used carve-outs in nonrecourse clauses, analyze operative provisions in bad-boy guaranties, and...
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Structuring Equity Joint Ventures for Hotel Properties: Recapitalization During COVID-19
Preferred Return, Carried Interest, Cash Flow Splits, Risk Allocations, Guarantees, and Ke...
December 17, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will discuss key legal issues in structuring joint ventures for hotel recapitalizations, taking into account the unique issues in this asset class during the pandemic. The program will focus on key issues and joint venture agreement provisions, including preferred return/promoted in...
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Real Estate Due Diligence in M&A Transactions: Title, Survey, Financing, Lease Transferabi...
Asset vs. Stock Purchase; Reps and Warranties to Address Gaps in Due Diligence
December 10, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will guide counsel on how to conduct real estate due diligence in an M&A transaction. The panel will discuss how due diligence in M&A can vary from standard real estate deals, and how the type of transaction--asset purchase, stock purchase, or merger--can affect the process. The pan...
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Structuring Programmatic Real Estate Joint Ventures: Structures, Deal Sharing and Exclusiv...
Negotiating Key Deal Terms From Sponsor and Equity Investor Perspectives
November 19, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will discuss programmatic real estate joint ventures (JVs) and how they differ from traditional, single investment JV relationships, alternative structures for programmatic JVs, and key JV agreement terms to consider and negotiate. The program will present these issues in an interac...
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Leveraging New Markets Tax Credits to Finance Community Development: Latest Regs, Guidance...
Twinning With Historic Tax Credits and Qualified Opportunity Zones, Allocating COD Income...
November 12, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will provide counsel with an overview of the New Market Tax Credit (NMTC) program and IRS regulations and guidance. The panel will discuss best practices for structuring NMTC deals, twinning with historic tax credits (HTCs) and Qualified Opportunity Zones, and allocating COD income...
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Structuring Preferred Equity Investments in Real Estate Ventures: Impact of True Equity vs...
Negotiating Deal Terms, Investor Return, Change in Control Provisions; Assessing Remedies,...
November 5, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will discuss structuring preferred equity investments (PEIs) from both the perspective of the sponsor and investor and explain the advantages and disadvantages to using preferred equity as a component of a capital stack. The panel will review how PEIs compare and contrast with mezza...
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Structuring Cross-Collateral/Cross-Default Real Estate Loans
Single vs. Multiple Mortgages; Partial Prepayment and Partial Release; Intercreditor Agree...
September 24, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will instruct counsel on proper structuring and documentation of cross-collateral/cross-default loans. The panel will discuss key provisions regarding prepayment/defeasance, partial release of collateral, reserves, and other complexities presented by crossed loans. The panel will al...
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Revising Real Estate Finance Documents in Times of Economic Uncertainty
Financial Covenants, Leasing Provisions, Secondary Financing, Disbursement Conditions, Rec...
September 10, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will consider key provisions in loan documents that could be affected by the COVID-19 pandemic, including financial covenants, cash management provisions, additional indebtedness, non-recourse carveouts, and loan disbursement conditions. The panel will discuss the adjustments to mak...
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Receiverships for Distressed Commercial Real Estate: Lender, Servicer, and Borrower Concer...
Process and Key Provisions in Order Appointing a Receiver; Pros and Cons of Receiverships
August 20, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will provide guidance to counsel for lenders, borrowers, and loan servicers on seeking or opposing the appointment of receivership for distressed commercial real estate. The panel will also explain how lenders, borrowers, servicers, and prospective buyers can navigate the receiversh...
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Structuring Real Estate Sale-Leasebacks: An Alternative to Mortgage Financing for Owner-Op...
Strategies for Improving Balance Sheet, Maintaining Control of RE Assets, Recovering Capit...
August 6, 2020 • CLE • CLE On-Demand, Download
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 prot...
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Swap Documentation in Real Estate Finance Transactions: Coordinating ISDA Master Agreement...
Documenting Covenants, Security, Required Consents, Voting and Control, Reporting, and Reg...
July 29, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will discuss the various uses of swaps and other derivative products to hedge risk in real estate finance transactions, how to integrate derivatives into loan documentation, and how to document the swap transaction to ensure there is consistency with the loan.
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Construction Loan Modifications and Workouts: Key Considerations for Lenders and Distresse...
Responding to Project Shutdowns and Delays During the Pandemic
July 22, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will examine issues presented for construction lenders and borrowers in the wake of COVID-19. The panel will discuss critical concerns for lenders when dealing with financially distressed borrowers and projects that have been delayed or disrupted. The panel will also discuss essenti...
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Qualified Opportunity Zones: COVID-19 Updates, Proposed Legislation, New Rules and Regulat...
Deferred Capital Gains and Tax Abatement Under IRC Section 1400Z; Forming Opportunity Fund...
July 14, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will give real estate and finance counsel a working knowledge of Qualified Opportunity Zones (QOZs) and Qualified Opportunity Funds (QOFs) created under the 2017 tax reform and clarified by regulations released in December 2019 along with updates for rules, regulations, and timeline...
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Commercial Leases In Economic Distress: Pre- and Post-Bankruptcy Strategies for Landlords
Negotiating Lease Modifications With Distressed Tenants, Participating in the Bankruptcy P...
June 11, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will guide landlord's counsel in handling the critical legal issues that arise before and after a tenant files for bankruptcy. The panel will outline strategies for commercial landlords to protect their interests and maximize recovery under state law and the Bankruptcy Code.
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Shari’ah-Compliant Investment in Real Estate in the United States
Overview of Shari’ah-Compliant Investment, Considerations in Structuring Transactions, Inv...
June 4, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will provide an overview of Shari'ah-compliant investment, an asset-based investment system that is frequently, though imprecisely, known as Islamic finance.
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Local Counsel Opinions in Real Estate Finance Transactions
Strategies for Maximizing Efficiency and Reducing Risks for Opinion Givers
May 28, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will provide practitioners with tools for drafting local counsel opinions for real estate finance transactions, referencing recently published opinion reports. The panel will also discuss ethical considerations and liability risks associated with the rendering of local counsel opini...
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Depreciation Strategies in Real Estate Finance: Maximizing Bonus Depreciation on Qualified...
Interplay With Interest Deduction and NOL Rules, Phaseout Considerations
May 14, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will offer real estate counsel thorough knowledge of the new depreciation rules enacted under the recent tax reform law and explain how the acquisition and improvement of real estate can be structured to take full advantage of tax depreciation. The panel's discussion will include an...
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Commercial Real Estate Loan Workouts and Modifications: Forbearance, Foreclosure, and Bank...
Special Servicing Concerns With CMBS/CLO Loans, Protecting Lender and Borrower Interests
March 11, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will provide lenders' and borrowers' counsel with an overview of the benefits and limitations of real estate loan workout agreements and alternatives to foreclosure. The panel will explain best practices for negotiating forbearance agreements and minimizing risks associated with bor...
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Casualty and Condemnation Provisions: Balancing Conflicting Interests of Lenders, Borrower...
Using SNDAs to Address Lease Requirements, Special Issues With Ground Leases
March 5, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will examine casualty and condemnation provisions in real estate finance documents and how best to balance the interests of lenders, landlords, and tenants concerning disbursement of proceeds and the right or obligation to rebuild. The panel will discuss lease scenarios that can imp...
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E-Signatures and Electronic Loan Documentation in Real Estate Finance: ESIGN and UETA, Int...
Enforceability, Authentication, and Admissibility; MERS and Transferability
February 13, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will examine the legality of electronic signatures and digital documents generally, as well as recent developments in using eNotes and other electronic mortgage loan documentation. The panel will discuss the Electronic Signatures in Global and National Commerce (ESIGN) Act, Uniform...
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Non-Traded REITs: What You Need to Know
Bringing a Product to Market; Securities Law Issues; Regulatory Trends
June 13, 2019 • CLE • CLE On-Demand, Download
This CLE webinar will introduce real estate fund counsel to the legal issues faced in structuring and operating a non-traded REIT (NTR). The panel will cover the corporate and securities laws, the unique business aspects and the commercial and regulatory trends that NTR counsel need to know.
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Crowdfunding Real Estate: Reg A+ Offerings and Intrastate Exemptions
Leveraging New Capital Raising Opportunities for Real Estate Fund Sponsors and Developers
April 7, 2016 • CLE • CLE On-Demand, Download
This CLE webinar will discuss utilizing Reg A+ and intrastate law exemptions to raise capital for real estate development. The program will discuss current trends and developments, the mechanics of making a public offering under Reg A+, and potential pitfalls. The program will also discuss the evolu...
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Real Estate Private Placement Offerings Under New Regulation A+ and Regulation D, Rule 506
Leveraging New Capital Raising Opportunities for Real Estate Fund Sponsors and Developers
July 1, 2015 • CLE • CLE On-Demand, Download
This CLE webinar will provide real estate finance counsel with a review of the SEC's newly released Regulation A+ rules for crowdfunding and the opportunities and pitfalls for real estate sponsors and developers. The panel will also discuss the impact of Regulation D, Rule 506 solicitation on real e...
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Leveraging Affordable Housing HUD Financing: RAD and Other Mixed-Finance Development Progr...
Converting and Preserving Public Housing Through Public-Private Partnerships
June 4, 2015 • CLE • CLE On-Demand, Download
This program will assist practitioners representing public housing authorities, private developers and lenders in their partnerships to revitalize and preserve public housing. The program will discuss how to leverage HUD's RAD program to covert public housing to Section 8. The program will also disc...
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Bank-Owned Real Estate Approaches for Lenders and Builders
Legal Considerations When Holding or Managing REO Properties
March 8, 2012 • CLE • CLE On-Demand, Download
This CLE webinar will provide counsel to lenders and strategic buyers with guidance impacting decisions of whether to purchase or sell real estate owned (REO) assets. The panel will examine the legal and business risks to lenders holding and operating REO properties and outline approaches to mitigat...
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Distressed Real Estate Loan Acquisitions: Due Diligence Strategies and Contract Considerat...
Best Practices For Buyers and Sellers of Commercial Mortgage and Mezzanine Loans
August 30, 2011 • CLE • CLE On-Demand, Download
This CLE webinar will provide guidance for real estate counsel on key due diligence issues involved in distressed real estate loan acquisitions. The panel will outline strategies to identify and mitigate risks and liabilities during the deal--and offer best practices for crafting risk mitigation con...
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Commercial Real Estate Loan Workouts and Modifications
Strategies for Developers, Owners and Lenders Restructuring Underperforming Loans
August 24, 2011 • CLE • CLE On-Demand, Download
This CLE webinar will provide real estate counsel with guidance and best practices for restructuring underperforming commercial real estate loans in the current real estate market.
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Short Sales and Bankruptcy Sales of Commercial Properties
Strategies for Investors and Owners to Minimize Business and Legal Risks
January 18, 2011 • CLE • CLE On-Demand, Download
This CLE webinar will provide guidance for counsel to investors and owners for evaluating potential purchases of commercial properties through a short sale or bankruptcy sale. The panel will explain the legal and business risks to investors and owners and strategies for mitigating those risks.
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Commercial Real Estate Loan Workouts
Strategies for Developers, Owners and Lenders to Negotiate an Effective Workout Agreement
October 5, 2010 • CLE • CLE On-Demand, Download
This CLE webinar will provide counsel to owners, developers and lenders with an overview of the benefits and limitations of real estate loan workout agreements. The panel will outline best practices for negotiating workout agreements between owners, developers and lenders.
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Public-Private Partnerships for Real Estate Development: Contract Negotiation Strategies
Allocating and Mitigating Developer and Contractor Risks in PPP Deals
April 7, 2010 • CLE • CLE On-Demand, Download
This CLE webinar will review how public-private partnerships (PPP) are emerging as a viable alternative to traditional financing for real estate developments. The panel will prepare counsel to contractors to identify and bid on public private partnerships and negotiate the PPP contract to allocate a...
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Alternative Financing Structures for Real Estate Deals
Leveraging New Opportunities and Minimizing Legal Risks With Sale-Leasebacks, Seller Finan...
October 8, 2009 • CLE • CLE On-Demand, Download
This seminar will explain the benefits and risks associated with sale-leaseback transactions, seller financing and ground leases, and will offer best practices for counsel to protect the interests of the buyer or seller when negotiating and structuring the real estate deal.
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