Key Commercial Lease Provisions and SNDAs That Concern ...

[Pages:22]Presenting a live 90-minute webinar with interactive Q&A

Key Commercial Lease Provisions and SNDAs That Concern Lenders in Mortgage and Leasehold Financing

Identifying and Correcting Red Flags That Negatively Impact the Lender's Collateral Package

THURSDAY, DECEMBER 17, 2015 1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific

Today's faculty features: Iryna Lomaga Carey, Partner, Kurzman Eisenberg Corbin & Lever, White Plains, N.Y.

Ren R. Hayhurst, Partner, Bryan Cave, Irvine, Calif.

The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions emailed to registrants for additional information. If you have any questions, please contact Customer Service at 1-800-926-7926 ext. 10.

Tips for Optimal Quality

FOR LIVE EVENT ONLY

Sound Quality If you are listening via your computer speakers, please note that the quality of your sound will vary depending on the speed and quality of your internet connection.

If the sound quality is not satisfactory, you may listen via the phone: dial 1-866-961-9091 and enter your PIN when prompted. Otherwise, please send us a chat or e-mail sound@ immediately so we can address the problem.

If you dialed in and have any difficulties during the call, press *0 for assistance.

Viewing Quality To maximize your screen, press the F11 key on your keyboard. To exit full screen, press the F11 key again.

Continuing Education Credits

FOR LIVE EVENT ONLY

In order for us to process your continuing education credit, you must confirm your participation in this webinar by completing and submitting the Attendance Affirmation/Evaluation after the webinar.

A link to the Attendance Affirmation/Evaluation will be in the thank you email that you will receive immediately following the program.

For additional information about continuing education, call us at 1-800-926-7926 ext. 35.

Program Materials

FOR LIVE EVENT ONLY

If you have not printed the conference materials for this program, please complete the following steps: ? Click on the ^ symbol next to "Conference Materials" in the middle of the left-

hand column on your screen. ? Click on the tab labeled "Handouts" that appears, and there you will see a

PDF of the slides for today's program. ? Double click on the PDF and a separate page will open. ? Print the slides by clicking on the printer icon.

Legal and Practical Commercial Leasing Issues

For Real Estate Lenders

Ren R Hayhurst ren.hayhurst@

949-223-7125

Iryna Lomaga Carey icarey@

914-286-6372

Overview of Commercial Leasing Issues

? Commercial Leases

? Distinctions Between Credit Tenant Leases vs. Other Commercial Leases

? Process of What to Review and Focus on with Standard Commercial Leases

? Ground Leases

? Pad or Parcel Ground Leases Between Borrower and Ground Tenant

? Borrower as Ground Tenant

? Distinction Between Ground Lease Assignment and Leasehold Mortgage

6

Key Distinctions In Property Types

? Commercial Retail vs. Multi-Family Loans

? Owner-Occupied vs. Single Tenant Buildings ? Multi-Tenant Issues

? Major vs. Minor Leases ? Insurance Provisions

? SNDAs vs. "Super" Estoppels ? Financial Covenants Relating to Recourse Issues ? Ground Tenants vs. Retail/Commercial Tenants

? Key Lease Review Issues

7

Key Lender Underwriting Concerns

? A lender is granted a lien or deed of trust on real property.

? Underlying leasing distinctions for multi-family vs. commercial deals

? SNDAs and estoppels; Major vs. Other Leases (approval issues)

? Owner-Occupied Property.

? Two entities involved (owner entity vs. occupant entity under identical ownership) vs. single entity as owner and occupant

? Single Tenant Property.

? Key Issues Include ? Insurance provisions; replacement of single tenant; re-purposing of property for multiple tenants

? Multi-Tenant Property

? Key Issues Include ? Special tenant rights - such as purchase or expansion option, "go dark rights", exclusivity, "incentive" payments, etc.; tenant mix ? power center vs. anchor tenant and small shops

8

 ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download