Course1

Restructuring Real Estate Deals Gone Bad, Part 1

$79.00

When a real estate project goes bad for whatever reason – sales are slow or at prices below projections, leasing is slow, or there are extensive cost-overruns or regulatory delays – developers, investors, lenders, and others are left scrambling to restructure the project and salvage any value or at least limit losses. This often involves restructuring or possibly refinancing a loan.  It may also involve additional equity.  Another option is selling the project, if possible.  These processes can be complicated by the nature of the investors and lenders involved.  This program will provide you with a practical guide to restructuring troubled real estate projects.  Day 1: Practical strategies for unwinding real estate deals outside of bankruptcy or litigation Negotiating, structuring and drafting the restructuring of failed real estate projects Underlying economics and tradeoffs of real estate restructuring Types of sellers and their impact on restructuring – individual owner, institutional, joint venture, private equity Complications and limitations involving syndicated loans, CMBS loans, and REMICs Navigating seller issues – personal guaranties, ongoing management fees, upside participation, reputation   Day 2: Restructuring alternatives, including straight purchases, “Loan to Own,” rescue capital/preferred stock/securities Drafting forbearance and loan modification agreements  Receivership of distressed properties and planning to emerge from receivership “Loan to own” strategies and limitations Tax issues, including cancellation of indebtedness and restructuring recourse indebtedness Potential loss of valuable tax attributes and tax planning opportunities   Speakers: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.He speaks extensively on real estate topics nationally.

  • Teleseminar
    Format
  • 60
    Minutes
  • 6/20/2024
    Presented
SEE MORE
Course1

Restructuring Real Estate Deals Gone Bad, Part 1

$79.00

When a real estate project goes bad for whatever reason – sales are slow or at prices below projections, leasing is slow, or there are extensive cost-overruns or regulatory delays – developers, investors, lenders, and others are left scrambling to restructure the project and salvage any value or at least limit losses. This often involves restructuring or possibly refinancing a loan.  It may also involve additional equity.  Another option is selling the project, if possible.  These processes can be complicated by the nature of the investors and lenders involved.  This program will provide you with a practical guide to restructuring troubled real estate projects.  Day 1: Practical strategies for unwinding real estate deals outside of bankruptcy or litigation Negotiating, structuring and drafting the restructuring of failed real estate projects Underlying economics and tradeoffs of real estate restructuring Types of sellers and their impact on restructuring – individual owner, institutional, joint venture, private equity Complications and limitations involving syndicated loans, CMBS loans, and REMICs Navigating seller issues – personal guaranties, ongoing management fees, upside participation, reputation   Day 2: Restructuring alternatives, including straight purchases, “Loan to Own,” rescue capital/preferred stock/securities Drafting forbearance and loan modification agreements  Receivership of distressed properties and planning to emerge from receivership “Loan to own” strategies and limitations Tax issues, including cancellation of indebtedness and restructuring recourse indebtedness Potential loss of valuable tax attributes and tax planning opportunities   Speakers: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.He speaks extensively on real estate topics nationally.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 6/20/2024
    Presented
SEE MORE
Course1

Restructuring Real Estate Deals Gone Bad, Part 2

$79.00

When a real estate project goes bad for whatever reason – sales are slow or at prices below projections, leasing is slow, or there are extensive cost-overruns or regulatory delays – developers, investors, lenders, and others are left scrambling to restructure the project and salvage any value or at least limit losses. This often involves restructuring or possibly refinancing a loan.  It may also involve additional equity.  Another option is selling the project, if possible.  These processes can be complicated by the nature of the investors and lenders involved.  This program will provide you with a practical guide to restructuring troubled real estate projects.  Day 1: Practical strategies for unwinding real estate deals outside of bankruptcy or litigation Negotiating, structuring and drafting the restructuring of failed real estate projects Underlying economics and tradeoffs of real estate restructuring Types of sellers and their impact on restructuring – individual owner, institutional, joint venture, private equity Complications and limitations involving syndicated loans, CMBS loans, and REMICs Navigating seller issues – personal guaranties, ongoing management fees, upside participation, reputation   Day 2: Restructuring alternatives, including straight purchases, “Loan to Own,” rescue capital/preferred stock/securities Drafting forbearance and loan modification agreements  Receivership of distressed properties and planning to emerge from receivership “Loan to own” strategies and limitations Tax issues, including cancellation of indebtedness and restructuring recourse indebtedness Potential loss of valuable tax attributes and tax planning opportunities   Speakers: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.He speaks extensively on real estate topics nationally.

  • Teleseminar
    Format
  • 60
    Minutes
  • 6/21/2024
    Presented
SEE MORE
Course1

Restructuring Real Estate Deals Gone Bad, Part 2

$79.00

When a real estate project goes bad for whatever reason – sales are slow or at prices below projections, leasing is slow, or there are extensive cost-overruns or regulatory delays – developers, investors, lenders, and others are left scrambling to restructure the project and salvage any value or at least limit losses. This often involves restructuring or possibly refinancing a loan.  It may also involve additional equity.  Another option is selling the project, if possible.  These processes can be complicated by the nature of the investors and lenders involved.  This program will provide you with a practical guide to restructuring troubled real estate projects.  Day 1: Practical strategies for unwinding real estate deals outside of bankruptcy or litigation Negotiating, structuring and drafting the restructuring of failed real estate projects Underlying economics and tradeoffs of real estate restructuring Types of sellers and their impact on restructuring – individual owner, institutional, joint venture, private equity Complications and limitations involving syndicated loans, CMBS loans, and REMICs Navigating seller issues – personal guaranties, ongoing management fees, upside participation, reputation   Day 2: Restructuring alternatives, including straight purchases, “Loan to Own,” rescue capital/preferred stock/securities Drafting forbearance and loan modification agreements  Receivership of distressed properties and planning to emerge from receivership “Loan to own” strategies and limitations Tax issues, including cancellation of indebtedness and restructuring recourse indebtedness Potential loss of valuable tax attributes and tax planning opportunities   Speakers: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.He speaks extensively on real estate topics nationally.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 6/21/2024
    Presented
SEE MORE
Course1

Percentage Rent Leases in Commercial Real Estate

$79.00

Percentage rent is used in retail leases where the landlord has bargaining power to demand a share of the tenant’s economic gains.  Demand for retail space may be high or a landlord’s specific location may be particularly attractive such that the tenant is willing to pay not only a fixed amount of rent but a share of its gross revenue.  These types of leases require a sophisticated understanding of the underlying economics of tenant’s business. These leases also require very careful drafting. How is gross revenue defined?  Is there a minimum amount or a maximum amount?  How are these numbers verified?  And what are all the related protections for the landlord or the tenant?  This program will provide you with a practical guide to negotiating and drafting percentage leases.   Circumstances where percentage rent is commonly seen Economics of percentage rent – landlord and tenant perspectives Defining key terms – “gross sales,” exclusions, percent of rent Determining thresholds – minimum rent, sliding scales Financial reporting and audit rights Important related provisions – non-competition, continuous use, payment terms   Speakers: John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.   Richard R. Goldberg is a retired partner, resident in the Philadelphia office of Ballard Spahr, LLP, where he established an extensive real estate practice, including development, financing, leasing, and acquisition.  Earlier in his career, he served as vice president and associate general counsel of The Rouse Company for 23 years.  He is past president of the American College of Real Estate Lawyers, past chair of the Anglo-American Real Property Institute, and past chair of the International Council of Shopping Centers Law Conference.  Mr. Goldberg is currently a Fellow of the American College of Mortgage Attorneys and is a member of the American Law Institute.  

  • Teleseminar
    Format
  • 60
    Minutes
  • 7/12/2024
    Presented
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Course1

Percentage Rent Leases in Commercial Real Estate

$79.00

Percentage rent is used in retail leases where the landlord has bargaining power to demand a share of the tenant’s economic gains.  Demand for retail space may be high or a landlord’s specific location may be particularly attractive such that the tenant is willing to pay not only a fixed amount of rent but a share of its gross revenue.  These types of leases require a sophisticated understanding of the underlying economics of tenant’s business. These leases also require very careful drafting. How is gross revenue defined?  Is there a minimum amount or a maximum amount?  How are these numbers verified?  And what are all the related protections for the landlord or the tenant?  This program will provide you with a practical guide to negotiating and drafting percentage leases.   Circumstances where percentage rent is commonly seen Economics of percentage rent – landlord and tenant perspectives Defining key terms – “gross sales,” exclusions, percent of rent Determining thresholds – minimum rent, sliding scales Financial reporting and audit rights Important related provisions – non-competition, continuous use, payment terms   Speakers: John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.   Richard R. Goldberg is a retired partner, resident in the Philadelphia office of Ballard Spahr, LLP, where he established an extensive real estate practice, including development, financing, leasing, and acquisition.  Earlier in his career, he served as vice president and associate general counsel of The Rouse Company for 23 years.  He is past president of the American College of Real Estate Lawyers, past chair of the Anglo-American Real Property Institute, and past chair of the International Council of Shopping Centers Law Conference.  Mr. Goldberg is currently a Fellow of the American College of Mortgage Attorneys and is a member of the American Law Institute.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 7/12/2024
    Presented
SEE MORE
Course1

Percentage Rent Leases in Commercial Real Estate

$79.00

Percentage rent is used in retail leases where the landlord has bargaining power to demand a share of the tenant’s economic gains.  Demand for retail space may be high or a landlord’s specific location may be particularly attractive such that the tenant is willing to pay not only a fixed amount of rent but a share of its gross revenue.  These types of leases require a sophisticated understanding of the underlying economics of tenant’s business. These leases also require very careful drafting. How is gross revenue defined?  Is there a minimum amount or a maximum amount?  How are these numbers verified?  And what are all the related protections for the landlord or the tenant?  This program will provide you with a practical guide to negotiating and drafting percentage leases.   Circumstances where percentage rent is commonly seen Economics of percentage rent – landlord and tenant perspectives Defining key terms – “gross sales,” exclusions, percent of rent Determining thresholds – minimum rent, sliding scales Financial reporting and audit rights Important related provisions – non-competition, continuous use, payment terms   Speakers: John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.  He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law. Richard R. Goldberg is a retired partner, resident in the Philadelphia office of Ballard Spahr, LLP, where he established an extensive real estate practice, including development, financing, leasing, and acquisition.  Earlier in his career, he served as vice president and associate general counsel of The Rouse Company for 23 years.  He is past president of the American College of Real Estate Lawyers, past chair of the Anglo-American Real Property Institute, and past chair of the International Council of Shopping Centers Law Conference.  Mr. Goldberg is currently a Fellow of the American College of Mortgage Attorneys and is a member of the American Law Institute.  Mr. Goldberg received his B.A. from Pennsylvania State University and his LL.B. from the University of Maryland School of Law.

  • MP3 Download
    Format
  • 60
    Minutes
  • 7/14/2024
    Avail. Until
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Course1

Live Replay: Indemnification & Hold Harmless Agreements in Real Estate Transactions

$79.00

Indemnification and hold harmless agreements are part of virtually every real estate transition.  These agreements protect parties against financial loss or other liability arising from the occurrence of certain events. Indemnification is often backed by insurance policies. The interaction between indemnification provisions – scope, triggering events, assertion of claims and payment – and funding sources is typically very complex.  This program will provide you with a real-world guide to indemnification and insurance in real estate development, ownership, and leasing.   Forms of indemnification in real estate Scope of indemnity, triggering events or discoveries, ensuring payment of claims Utilizing insurance policies to guarantee and fund indemnification claims Types and roles of various forms of insurance – casualty, business/rent interruption, CGL Important differences among named insureds and additional insureds Drafting interaction of co-insurance, valuation, and agreed value endorsements   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 7/18/2024
    Presented
SEE MORE
Course1

Live Replay: Indemnification & Hold Harmless Agreements in Real Estate Transactions

$79.00

Indemnification and hold harmless agreements are part of virtually every real estate transition.  These agreements protect parties against financial loss or other liability arising from the occurrence of certain events. Indemnification is often backed by insurance policies. The interaction between indemnification provisions – scope, triggering events, assertion of claims and payment – and funding sources is typically very complex.  This program will provide you with a real-world guide to indemnification and insurance in real estate development, ownership, and leasing.   Forms of indemnification in real estate Scope of indemnity, triggering events or discoveries, ensuring payment of claims Utilizing insurance policies to guarantee and fund indemnification claims Types and roles of various forms of insurance – casualty, business/rent interruption, CGL Important differences among named insureds and additional insureds Drafting interaction of co-insurance, valuation, and agreed value endorsements   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.

  • Teleseminar
    Format
  • 60
    Minutes
  • 7/18/2024
    Presented
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Course1

LIVE REPLAY: Drafting Property Management Agreements

$79.00

Commercial real estate as a recurring source of income is only as good as it is managed.  Well managed properties not only provide stable income but also hold their underlying value.  Management of commercial real estate is mostly outsourced to third parties. Management agreements vary widely according to the type of property managed – official, retail, multi-family, etc.  This program will provide you with a practical guide to the types of property management agreements, varying fee arrangements, defining the scope of a manager’s duties, rent collection and operational controls, allocating risk and liability, and much more.   Property management agreements for office and multi-family properties Defining scope of manager’s duties and responsibilities Understanding management fee alternatives Collection of rent and handling of funds Insurance, liability and indemnity issues for manager and property owner Operating decisions, controls, termination, and sale of property   Speaker: John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont. 

  • Teleseminar
    Format
  • 60
    Minutes
  • 7/30/2024
    Presented
SEE MORE
Course1

LIVE REPLAY: Drafting Property Management Agreements

$79.00

Commercial real estate as a recurring source of income is only as good as it is managed.  Well managed properties not only provide stable income but also hold their underlying value.  Management of commercial real estate is mostly outsourced to third parties. Management agreements vary widely according to the type of property managed – official, retail, multi-family, etc.  This program will provide you with a practical guide to the types of property management agreements, varying fee arrangements, defining the scope of a manager’s duties, rent collection and operational controls, allocating risk and liability, and much more.   Property management agreements for office and multi-family properties Defining scope of manager’s duties and responsibilities Understanding management fee alternatives Collection of rent and handling of funds Insurance, liability and indemnity issues for manager and property owner Operating decisions, controls, termination, and sale of property   Speaker: John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont. 

  • Audio Webcast
    Format
  • 60
    Minutes
  • 7/30/2024
    Presented
SEE MORE
Course1

Due Diligence in Commercial Real Estate Transactions

$79.00

This program will provide you with a practical guide to due diligence in real estate transactions – what information you need, where to get it, and the timeframes involved.  The program will also cover the relationship between the duration and depth of due diligence depending on the state of the market – i.e., how “hot” markets involve more risk because sellers or othersare reluctant to give lengthy diligence periods. The program will also discuss using information obtained in diligence to draft specific reps and warranties. This program will provide you with a practical guide to planning due diligence in real estate transaction and how that information is used.   Planning diligence – what information you need, where to get it, and timeframes Relationship between diligence and market conditions – willingness of sellers to cooperate or not Using diligence – tying information obtained to specific reps and warranties Review of leases, rent rolls, and financial statements Service contracts, condominium HOAs, and other contracts Title work – liens and other encumbrances   Speaker: John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.He has more than 40 years’ experience in real estate law practice.He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 7/31/2024
    Presented
SEE MORE
Course1

Due Diligence in Commercial Real Estate Transactions

$79.00

This program will provide you with a practical guide to due diligence in real estate transactions – what information you need, where to get it, and the timeframes involved.  The program will also cover the relationship between the duration and depth of due diligence depending on the state of the market – i.e., how “hot” markets involve more risk because sellers or othersare reluctant to give lengthy diligence periods. The program will also discuss using information obtained in diligence to draft specific reps and warranties. This program will provide you with a practical guide to planning due diligence in real estate transaction and how that information is used.   Planning diligence – what information you need, where to get it, and timeframes Relationship between diligence and market conditions – willingness of sellers to cooperate or not Using diligence – tying information obtained to specific reps and warranties Review of leases, rent rolls, and financial statements Service contracts, condominium HOAs, and other contracts Title work – liens and other encumbrances   Speaker: John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.He has more than 40 years’ experience in real estate law practice.He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 7/31/2024
    Presented
SEE MORE
Course1

Due Diligence in Commercial Real Estate Transactions

$79.00

This program will provide you with a practical guide to due diligence in real estate transactions – what information you need, where to get it, and the timeframes involved.  The program will also cover the relationship between the duration and depth of due diligence depending on the state of the market – i.e., how “hot” markets involve more risk because sellers or othersare reluctant to give lengthy diligence periods. The program will also discuss using information obtained in diligence to draft specific reps and warranties. This program will provide you with a practical guide to planning due diligence in real estate transaction and how that information is used.   Planning diligence – what information you need, where to get it, and timeframes Relationship between diligence and market conditions – willingness of sellers to cooperate or not Using diligence – tying information obtained to specific reps and warranties Review of leases, rent rolls, and financial statements Service contracts, condominium HOAs, and other contracts Title work – liens and other encumbrances   Speaker: John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.He has more than 40 years’ experience in real estate law practice.He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law.

  • MP3 Download
    Format
  • 60
    Minutes
  • 8/2/2024
    Avail. Until
SEE MORE
Course1

LIVE REPLAY: Real Estate Finance: Trends and Best Practices, Part 1

$79.00

This program will provide you with a guide to real estate finance. It will cover the practical aspects of structuring debt, equity, and mezzanine finance.  Major issues and traps in negotiating first mortgages, including personal guarantees and carve-outs, will be discussed in detail. The program will also cover credit enhancement, leasehold finance, and how financing alternatives have changed in a stronger market. This program will provide you with a real-world guide to major issues in negotiating and drafting real estate finance agreements.   Day 1: Major issues of negotiating first mortgages Loan application and bank commitments Role of personal guarantees and negotiating non-recourse carve-outs with lenders Defeasance and prepayment premiums   Day 2: Structuring equity in real estate deals Mezzanine financing and drafting issues Leasehold finance Credit enhancement instruments Single purpose entities for finance purposes   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.

  • Teleseminar
    Format
  • 60
    Minutes
  • 8/8/2024
    Presented
SEE MORE
Course1

LIVE REPLAY: Real Estate Finance: Trends and Best Practices, Part 1

$79.00

This program will provide you with a guide to real estate finance. It will cover the practical aspects of structuring debt, equity, and mezzanine finance.  Major issues and traps in negotiating first mortgages, including personal guarantees and carve-outs, will be discussed in detail. The program will also cover credit enhancement, leasehold finance, and how financing alternatives have changed in a stronger market. This program will provide you with a real-world guide to major issues in negotiating and drafting real estate finance agreements.   Day 1: Major issues of negotiating first mortgages Loan application and bank commitments Role of personal guarantees and negotiating non-recourse carve-outs with lenders Defeasance and prepayment premiums   Day 2: Structuring equity in real estate deals Mezzanine financing and drafting issues Leasehold finance Credit enhancement instruments Single purpose entities for finance purposes   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 8/8/2024
    Presented
SEE MORE
Course1

LIVE REPLAY: Real Estate Finance: Trends and Best Practices, Part 2

$79.00

This program will provide you with a guide to real estate finance. It will cover the practical aspects of structuring debt, equity, and mezzanine finance.  Major issues and traps in negotiating first mortgages, including personal guarantees and carve-outs, will be discussed in detail. The program will also cover credit enhancement, leasehold finance, and how financing alternatives have changed in a stronger market. This program will provide you with a real-world guide to major issues in negotiating and drafting real estate finance agreements.   Day 1: Major issues of negotiating first mortgages Loan application and bank commitments Role of personal guarantees and negotiating non-recourse carve-outs with lenders Defeasance and prepayment premiums   Day 2: Structuring equity in real estate deals Mezzanine financing and drafting issues Leasehold finance Credit enhancement instruments Single purpose entities for finance purposes   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.

  • Teleseminar
    Format
  • 60
    Minutes
  • 8/9/2024
    Presented
SEE MORE
Course1

LIVE REPLAY: Real Estate Finance: Trends and Best Practices, Part 2

$79.00

This program will provide you with a guide to real estate finance. It will cover the practical aspects of structuring debt, equity, and mezzanine finance.  Major issues and traps in negotiating first mortgages, including personal guarantees and carve-outs, will be discussed in detail. The program will also cover credit enhancement, leasehold finance, and how financing alternatives have changed in a stronger market. This program will provide you with a real-world guide to major issues in negotiating and drafting real estate finance agreements.   Day 1: Major issues of negotiating first mortgages Loan application and bank commitments Role of personal guarantees and negotiating non-recourse carve-outs with lenders Defeasance and prepayment premiums   Day 2: Structuring equity in real estate deals Mezzanine financing and drafting issues Leasehold finance Credit enhancement instruments Single purpose entities for finance purposes   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 8/9/2024
    Presented
SEE MORE
Course1

LIVE REPLAY: Escrow Agreements in Real Estate Transactions

$79.00

Escrow agreements are essential documents in every significant real estate transaction. They are mechanisms for allocating risk among the parties to the transaction.  Escrow agents are charged with determining whether certain contractual conditions are satisfied, thereby triggering the disbursement of money or property. Escrow arrangements mitigate the risk of non-performance by one of the parties.  But escrow agreements are fraught with potential conflicts and traps that may give rise to delays in finally closing a transaction. This program will provide you with a practical guide to drafting effective escrow agreements, risk allocation, conflict avoidance and working with escrow agents. Essential terms – property held, conditions for release/disbursement, fees Defining an agent’s duties, authority, and liability Practical problems with escrow arrangements – holding all the documents, breaking escrow, death of party Issues in construction contracts, development transactions, and property sales Letter of credit, tax and bankruptcy issues to consider   Speakers: John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.  

  • Teleseminar
    Format
  • 60
    Minutes
  • 8/16/2024
    Presented
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Course1

LIVE REPLAY: Escrow Agreements in Real Estate Transactions

$79.00

Escrow agreements are essential documents in every significant real estate transaction. They are mechanisms for allocating risk among the parties to the transaction.  Escrow agents are charged with determining whether certain contractual conditions are satisfied, thereby triggering the disbursement of money or property. Escrow arrangements mitigate the risk of non-performance by one of the parties.  But escrow agreements are fraught with potential conflicts and traps that may give rise to delays in finally closing a transaction. This program will provide you with a practical guide to drafting effective escrow agreements, risk allocation, conflict avoidance and working with escrow agents. Essential terms – property held, conditions for release/disbursement, fees Defining an agent’s duties, authority, and liability Practical problems with escrow arrangements – holding all the documents, breaking escrow, death of party Issues in construction contracts, development transactions, and property sales Letter of credit, tax and bankruptcy issues to consider   Speakers: John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 8/16/2024
    Presented
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Course1

LIVE REPLAY: Letters of Intent in Real Estate Transactions

$79.00

Letters of intent in real estate transactions – buying/selling property and leasing – are essential in helping the parties frame areas of agreement, identify areas for further negotiation, and establish a timeline for completing the deal. These letters can also be cost-effective in determining whether the parties can reach agreement on major terms before definitive agreements are drafted.  But there are substantial drawbacks. One party may use the letter to shop the transaction to third parties, using the offer as a stalking horse.  In some instances, too, the letter itself may be so detailed that it becomes enforceable. This program will provide you with a practical guide to drafting letters of intent in commercial real estate acquisition and sales, and leasing transactions.   Defining timeframes for negotiations/operative agreements & expiration of letter Core economic terms – purchase price and holdbacks, lease payments, escalator clauses Deposits – hard money v. soft money – and escrow instructions Identifying the property subject to acquisition or lease Other major terms – use, exclusivity, environmental issues, etc. Confidentiality and non-marketing provisions   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  

  • Teleseminar
    Format
  • 60
    Minutes
  • 8/22/2024
    Presented
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Course1

LIVE REPLAY: Letters of Intent in Real Estate Transactions

$79.00

Letters of intent in real estate transactions – buying/selling property and leasing – are essential in helping the parties frame areas of agreement, identify areas for further negotiation, and establish a timeline for completing the deal. These letters can also be cost-effective in determining whether the parties can reach agreement on major terms before definitive agreements are drafted.  But there are substantial drawbacks. One party may use the letter to shop the transaction to third parties, using the offer as a stalking horse.  In some instances, too, the letter itself may be so detailed that it becomes enforceable. This program will provide you with a practical guide to drafting letters of intent in commercial real estate acquisition and sales, and leasing transactions.   Defining timeframes for negotiations/operative agreements & expiration of letter Core economic terms – purchase price and holdbacks, lease payments, escalator clauses Deposits – hard money v. soft money – and escrow instructions Identifying the property subject to acquisition or lease Other major terms – use, exclusivity, environmental issues, etc. Confidentiality and non-marketing provisions   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 8/22/2024
    Presented
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Never Enough: Parking Issues in Commercial Leases

$79.00

To Be Determined

  • Teleseminar
    Format
  • 60
    Minutes
  • 8/30/2024
    Presented
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Course1

Never Enough: Parking Issues in Commercial Leases

$79.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 8/30/2024
    Presented
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Course1

Parking: Special Issues in Commercial Leases

$79.00

The right of tenants – and their employees and customers – to park can be one of the most important elements of office and retail leases.  Physical space is often sparse and expensive, making parking spots even more dear. Tenants want absolute rights to parking and to ensure attendant services – e.g., snow removal, maintenance, etc. – while landlords want maximum flexibility, including the right to reclaim spots.  This program will provide you with a practical guide to spotting parking issues in commercial leases, and negotiating effective rights for your clients.    Demised spaces v. rights to park Types of rights to park – general rights v. exclusive rights Issues for lots v. parking garages Duties to patrol employee use of parking spots Economic issues for landlords and tenants, including CAM Parking as zoning issue – ratio of office/retail space to parking spots Reclamation of parking spots by landlord for later development   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.

  • MP3 Download
    Format
  • 60
    Minutes
  • 9/1/2024
    Avail. Until
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Special Lease Issues for Medical/Dental Offices

$79.00

Leased Medical office space is now larger than industrial and nearly as large as retail leasing. These encompass primary medical and dental care practice, specialized surgical hospitals, long-term acute care facilities, community clinics, and health and wellness facilities.  All of these come with special leasing issues, including the creation and disposal of medical or hazardous waste, the installation of specialized equipment, additional regulatory compliance requirements associated with health care, and even patient privacy issues.  This program will provide you with a practical guide to special issues in drafting for medical and dental office space.    Types of medical properties and how leasing issues differ for each Medical offices in space not specifically designed for medical services Generation and disposal and medical and hazardous waste Accessibility issues and compliance with medical care regulations Landlord right of entry/patient privacy issues Installation of special medical/dental equipment and waiver of liens Special electricity needs and continuity of service   Speakers:  John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.  He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law.

  • MP3 Download
    Format
  • 60
    Minutes
  • 9/13/2024
    Avail. Until
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Common Area Maintenance, Insurance, and & Taxes Provisions in Commercial Leases

$79.00

Common area expenses (CAM) are part of virtually every office and retail lease. These expenses cover everything from parking lots and reception areas to common meeting spaces and restrooms.  In triple net leases, landlords seek to recover these expenses from tenants.  This can be a significant component of a tenant’s lease expense.The scope of CAM, caps or other limitations, and audit rights are highly negotiated. Landlords and lenders are often reluctant to give any concessions. This program will provide you with a practical guide to negotiating and drafting CAM provisions in commercial leases.   Scope of common area maintenance (CAM) expenses Relationship to minimum maintenance standards Treatment of taxes and insurance Differentiating operating v. capital expenses in CAM recovery Caps on CAM, fixed CAM, gross-up considerations Audit and information rights for CAM Understanding landlord, lender, and tenant motivations and concerns   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.

  • MP3 Download
    Format
  • 60
    Minutes
  • 10/10/2024
    Avail. Until
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Subtenants in Commercial Leasing: How to Protect Your Client

$79.00

Subleases are by their very nature filled with substantial risk.  A sub-tenant agrees to take space – office, retail, or industrial – from a sub-landlord, pay the sub-landlord rent, and perform certain services. But without between the sub-tenant and the senior landlord, the sub-tenant has no rights to assert against the senior landlord even though the sub-tenant’s use of the space may depend on the actions of the senior landlord.  This sub-tenant is also at substantial risk of losing the space if either the senior or sub-landlord goes bankrupt. The relationship of these parties is highly complex. This program will provide you with a practical guide protecting subtenants in leasing.   Counseling sub-tenant clients about the range of risks in subleases How to read master leases to spot red flags for tenants Types of subleases – what works for bigger/smaller clients and spaces? Identifying master lease’s control of subleasing and sublease terms Master lease money provisions, use restrictions, attornment provisions, and termination Determining whether sublease risks outweigh the benefits   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.

  • MP3 Download
    Format
  • 60
    Minutes
  • 10/17/2024
    Avail. Until
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Course1

Construction Contracts: Drafting Issues, Spotting Red Flags and Allocating Risk, Part 1

$79.00

Construction contracts are among the most difficult agreements to draft or review, and negotiate.  At every stage, building is fraught with substantial risk – timely regulatory approvals, cost containment and price certainty, financing contingencies, building deadlines, and a host of other risks. If these risks materialize, as is common, the bargained for exchange among the parties and their expectations are radically unsettled. Construction contracts are a careful allocation of risks, a compromise between flexibility and price/cost certainty, and establish procedures for resolving disputes short of costly litigation. This program will provide you with a practical guide to drafting the most important provisions of construction contracts.   Day 1: Reviewing and drafting essential provisions of construction contracts Use and common mistakes in using AIA contacts in negotiations with builders Defining the scope of a project and planning for modifications How fees and costs are structured – and allocating risk of modification Tying performance standards and timelines to payments   Day 2: Insurance and indemnification provisions of construction contracts Role of subcontractors and mechanics’ and materialmen liens Anticipating disputes between property owners and builders, and building in cost-effective dispute resolution Role and limitations of different type of damages   Speaker:  John Miller is the principal of John R. Miller, PLLC in the Charlotte, North Carolina and was for 39 years a partner with Robinson, Bradshaw & Hinson, P.A.  His practice encompasses corporate and securities law, mergers and acquisitions, banking and finance, and construction law.  He was selected by his peers for inclusion in "The Best Lawyers in America" and for inclusion in Business North CarolinaMagazine's"Legal Elite" as one of the top business lawyers in North Carolina.  He received his A.B. from Duke University and his J.D., with distinction, from Duke University School of Law.

  • MP3 Download
    Format
  • 60
    Minutes
  • 10/25/2024
    Avail. Until
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Course1

Construction Contracts: Drafting Issues, Spotting Red Flags and Allocating Risk, Part 2

$79.00

Construction contracts are among the most difficult agreements to draft or review, and negotiate.  At every stage, building is fraught with substantial risk – timely regulatory approvals, cost containment and price certainty, financing contingencies, building deadlines, and a host of other risks. If these risks materialize, as is common, the bargained for exchange among the parties and their expectations are radically unsettled. Construction contracts are a careful allocation of risks, a compromise between flexibility and price/cost certainty, and establish procedures for resolving disputes short of costly litigation. This program will provide you with a practical guide to drafting the most important provisions of construction contracts.   Day 1: Reviewing and drafting essential provisions of construction contracts Use and common mistakes in using AIA contacts in negotiations with builders Defining the scope of a project and planning for modifications How fees and costs are structured – and allocating risk of modification Tying performance standards and timelines to payments   Day 2: Insurance and indemnification provisions of construction contracts Role of subcontractors and mechanics’ and materialmen liens Anticipating disputes between property owners and builders, and building in cost-effective dispute resolution Role and limitations of different type of damages   Speaker:  John Miller is the principal of John R. Miller, PLLC in the Charlotte, North Carolina and was for 39 years a partner with Robinson, Bradshaw & Hinson, P.A.  His practice encompasses corporate and securities law, mergers and acquisitions, banking and finance, and construction law.  He was selected by his peers for inclusion in "The Best Lawyers in America" and for inclusion in Business North CarolinaMagazine's"Legal Elite" as one of the top business lawyers in North Carolina.  He received his A.B. from Duke University and his J.D., with distinction, from Duke University School of Law.

  • MP3 Download
    Format
  • 60
    Minutes
  • 10/26/2024
    Avail. Until
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