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2020 Commercial Real Estate Lending Hot Topics: Tenant Distress during COVID-19; Environmental Due Diligence; Ancillary Construction Loan Documents and More

Contains material from Oct 2020

2020 Commercial Real Estate Lending Hot Topics: Tenant Distress during COVID-19; Environmental Due Diligence; Ancillary Construction Loan Documents and More
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Session 1: Potential Remedies in Mortgage Lending Transactions - The borrower defaulted. Gain insight on preparing your answer to “can I” and “how do I” in response with an overview of available remedies under Texas law.

Session 2: Apocalypse Now: Tips for Managing the Onslaught of Tenant Distress and Bankruptcy in the Age of COVID - An overview of bankruptcy and receivership considerations for landlords and their lenders, practical pointers developed in the trenches of cases like GNC, 24 Hour Fitness, and more, and considerations for what’s to come.

Session 3: Environmental Due Diligence – Keeping Up With What Is New - Environmental due diligence is a critical part of the diligence process for a variety of transactions. Yet for many, environmental due diligence has become a checklist item, rather than a tailored assessment of the risks presented by a particular property or business. Discuss the statutory and regulatory drivers for environmental due diligence, common Phase I and Phase II practice, and emerging areas of environmental law (including PFAS) that should be considered in shaping environmental due diligence plans.

Session 4: Cash Management: Lockboxes, Waterfalls, Sweeps and More! - Discuss the current state of cash management in the lending context. Clarify confusing nomenclature and describe typical cash management processes and the logistics that often make this part of transactions so frustrating and time consuming.

Session 5: Sample Ancillary Construction Loan Documents - Overview of key issues and discussion of various documents including: collateral assignment of a construction contract, collateral assignment of a property management agreement, and certified borrowing resolution.

Includes: Video Audio Paper Slides


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1. Potential Remedies in Mortgage Lending Transactions (Oct 2020)

Jared Slade

0.75 0.25 0.00
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(mp4)
41 mins
(mp3)
40 mins
(pdf)
13 pgs
Slides
(pdf)
5 pgs
Session 1 —41 mins
Potential Remedies in Mortgage Lending Transactions (Oct 2020)

The borrower defaulted. Gain insight on preparing your answer to “can I” and “how do I” in response with an overview of available remedies under Texas law.

Originally presented: Sep 2020 Mortgage Lending and Servicing Institute

Jared Slade, Alston & Bird LLP - Dallas, TX

Show session details

2. Apocalypse Now: Tips for Managing the Onslaught of Tenant Distress and Bankruptcy in the Age of COVID (Oct 2020)

Katharine Battaia Clark, Holly E. Magliolo, Richard S. Schmidt

0.75 0.00 0.00
Preview Materials

Download session materials for offline use

(mp4)
45 mins
(mp3)
45 mins
(pdf)
18 pgs
Slides
(pdf)
4 pgs
Session 2 —45 mins
Apocalypse Now: Tips for Managing the Onslaught of Tenant Distress and Bankruptcy in the Age of COVID (Oct 2020)

An overview of bankruptcy and receivership considerations for landlords and their lenders, practical pointers developed in the trenches of cases like GNC, 24 Hour Fitness, and more, and considerations for what’s to come.

Originally presented: Sep 2020 Mortgage Lending and Servicing Institute

Katharine Battaia Clark, Thompson Coburn LLP - Dallas, TX
Holly E. Magliolo, Winstead PC - Dallas, TX
Richard S. Schmidt, The Claro Group - Corpus Christi, TX

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3. Environmental Due Diligence – Keeping Up With What Is New (Oct 2020)

Mary S. Mendoza

0.50 0.25 0.00
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(mp4)
31 mins
(mp3)
30 mins
(pdf)
14 pgs
(pdf)
14 pgs
Session 3 —31 mins
Environmental Due Diligence – Keeping Up With What Is New (Oct 2020)

Environmental due diligence is a critical part of the diligence process for a variety of transactions. Yet for many, environmental due diligence has become a checklist item, rather than a tailored assessment of the risks presented by a particular property or business. Discuss the statutory and regulatory drivers for environmental due diligence, common Phase I and Phase II practice, and emerging areas of environmental law (including PFAS) that should be considered in shaping environmental due diligence plans.

Originally presented: Sep 2020 Mortgage Lending and Servicing Institute

Mary S. Mendoza, Haynes and Boone, LLP - Austin, TX

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4. Cash Management: Lockboxes, Waterfalls, Sweeps and More! (Oct 2020)

Benjamin F.S. Herd

0.50 0.00 0.00
Preview Materials

Download session materials for offline use

(mp4)
31 mins
(mp3)
30 mins
(pdf)
18 pgs
(pdf)
7 pgs
Session 4 —31 mins
Cash Management: Lockboxes, Waterfalls, Sweeps and More! (Oct 2020)

Discuss the current state of cash management in the lending context. Clarify confusing nomenclature and describe typical cash management processes and the logistics that often make this part of transactions so frustrating and time consuming.

Originally presented: Sep 2020 Mortgage Lending and Servicing Institute

Benjamin F.S. Herd, Thompson & Knight LLP - Dallas, TX

Show session details

5. Sample Ancillary Construction Loan Documents (Oct 2020)

Luke E. Kraus

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(mp4)
27 mins
(mp3)
26 mins
(pdf)
10 pgs
(pdf)
12 pgs
Session 5 —27 mins
Sample Ancillary Construction Loan Documents (Oct 2020)

Overview of key issues and discussion of various documents including: collateral assignment of a construction contract, collateral assignment of a property management agreement, and certified borrowing resolution.

Originally presented: Sep 2020 Mortgage Lending and Servicing Institute

Luke E. Kraus, Barton Benson Jones PLLC - San Antonio, TX