TELESEMINAR: Drafting Guaranties in Real Estate Transactions – A National Perspective
January 23, 2014
12:00 – 1:00 p.m.
1.00 MCLE hours
Guarantees in real estate transactions provide lenders an additional layer of protection for performance but are also a potential source of major liability for guarantors. In non-recourse loans, “bad boy” or “springing” guaranties are highly negotiated and carefully drafted for triggering circumstances, scope of liability and to help ensure eventual enforceability. The final form of a guarantee has a major impact on the economic expectations of counter-parties and substantial tax consequences. This program will provide you with a practical guide to negotiating and drafting guaranties, including “bad boy” carve-outs of non-recourse loans, triggering events, scope of liability and practical enforceability.
- Negotiating and drafting guarantees and carve-outs in real estate transactions
- Types of guaranties and expectations depending on nature of lenders, including mezz lenders
- “Bad boy”/”springing” carve-outs – scope of liability and triggering events
- Practical issues in enforcing guaranties and common problems
- Review of recent legal developments impacting enforceability of guaranties
Manuel A. Fernandez, Akerman, LLP. Florida
Richard R. Goldberg, Ballard Spahr, LLP, Pennsylvania