This seminar is designed for real estate investors, bankers, brokers, agents, developers, landlords, property managers, accountants, financial planners and attorneys.
Commercial real estate professionals involved in financing transactions, whether as borrowers, lenders, attorneys or in any of the other various roles, must maintain a good understanding of the lending process and the legal issues that arise in real estate loans. If you can find a way to spend a day with your colleagues and a panel of the banking and finance, environmental, real estate and creditors’ rights/bankruptcy law attorneys/advisors from the law firm of Schottenstein, Zox & Dunn, you are assured of learning practical ways to deal with today’s legal challenges, as well as what to expect, in commercial real estate financings. Specific topics to be addressed include:
• Selected Issues In Structuring And Documenting Commercial Real Estate Loans, Including A Discussion Of Fraudulent Conveyance Issues And Inter-Creditor Agreements, With Sample Provisions And Loan Documents To Be Included In The Seminar Materials
• Due Diligence In Commercial Real Estate Financing, Including Title Commitment/Policy Issues And A Summary Of The Various Endorsements To Consider Requesting In Real Estate Financing Transactions, Issues Pertaining To The Review Of Survey And How To Deal With Survey Defects, And Casualty/Property Insurance Issues
• Legal Opinions In Commercial Real Estate Financing
• Environmental Issues In Commercial Real Estate Financing, Including Assessment And Due Diligence, Provisions In Loan Documentation, And Insurance
• Creditor’s Rights Issues In Commercial Real Estate Financing, Including Remedies, Problems Relating To The Value Of Collateral Security, Foreclosure And Bankruptcy Remote Entities
8:30 a.m. - 8:40 a.m.
8:40 a.m. - 9:40 a.m.
II. Issues In Structuring Commercial Real Estate Loans
A. Guaranty And Fraudulent Conveyance Issues
B. Subordination And Inter-Creditor Agreements
C. Leasehold Financing
D. Non-Recourse Obligations
9:40 a.m. - 9:50 a.m.
9:50 a.m. - 10:50 a.m.
III. Issues In Commercial Real Estate Loan Documentation
A. Commitment Letters
B. Loan Agreements
C. Construction Loan Disbursement Provisions
D. Subordination, Non-Disturbance And Attornment Agreements
E. Other Collateral Documents
10:50 a.m. - 11:00 a.m.
IV. Questions And Answers
11:00 a.m. - 12:00 p.m.
V. Real Estate Loan Due Diligence
A. Title Commitment/Title Policy
B. Survey Review
C. Insurance Requirements
D. Zoning Considerations
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:00 p.m.
VI. Legal Opinions In Commercial Real Estate Financing
A. Guidelines For Legal Opinions
B. Opinions Of Local Counsel
2:00 p.m. - 3:00 p.m.
VII. Environmental Issues In Commercial Real Estate Financing
A. Environmental Issues In Commercial Real Estate Financing
B. Environmental Assessment And Due Diligence
C. Environmental Provisions In Loan Documents
D. Environmental Insurance
E. Recent Cases
3:00 p.m. - 3:10 p.m.
3:10 p.m. - 4:10 p.m.
VIII. Creditor’s Rights Issues In Commercial Real Estate Financing
B. Value Of Security: Issues Relating To Being Over Or Under-Secured
D. Bankruptcy Remote Entities
E. Other Bankruptcy Issues In Commercial Real Estate Financing
4:10 p.m. - 4:30 p.m.
IX. Questions And Answers