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Lease Agreements: Contract Planning and Drafting During COVID-19

Contains material from Dec 2020

Lease Agreements: Contract Planning and Drafting During COVID-19
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Session 1: Drafting Considerations for Occurrence Based Loss of Use - Prior to the COVID-19 outbreak, Landlords and Tenants paid little attention to force majeure and related clauses within commercial lease agreements – often viewing such provisions as “boilerplate” in nature. This presentation will contain a discussion and examples of drafting techniques for both Landlords and Tenants to employ when navigating the negotiation of these provisions in the future.

Session 2: Lease Triage Strategies During the Pandemic - Diagnosing vulnerable lease provisions, lease amendment therapies, and legal remedies for default.

Session 3: Business Interruption Insurance and Related Coverages in a Pandemic - A discussion of the critical policy language and variations regarding coverage for business loss in the pandemic. Including an update on reported judicial decisions regarding coverage or not for business interruption, lost rental value, civil authority orders, and others. Noting special considerations involving real estate owners, operators and managers.

Session 4: Trends in Commercial Real Estate Lending - Common issues lenders and borrowers are navigating on new loan transactions, loan modifications and work-outs during the COVID-19 pandemic.

Includes: Video Audio Paper Slides


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1. Drafting Considerations for Occurrence Based Loss of Use (Dec 2020)

Eric Alexander Johnston, Sophia Makris

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(mp4)
44 mins
(mp3)
43 mins
(pdf)
11 pgs
Session 1 —44 mins
Drafting Considerations for Occurrence Based Loss of Use (Dec 2020)

Prior to the COVID-19 outbreak, Landlords and Tenants paid little attention to force majeure and related clauses within commercial lease agreements – often viewing such provisions as “boilerplate” in nature. This presentation will contain a discussion and examples of drafting techniques for both Landlords and Tenants to employ when navigating the negotiation of these provisions in the future.

Originally presented: Nov 2020 Leasing Institute

Eric Alexander Johnston, McGinnis Lochridge - Austin, TX
Sophia Makris, McGinnis Lochridge LLP - Austin, TX

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2. Lease Triage Strategies During the Pandemic (Dec 2020)

Thomas M. Whelan

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(mp4)
44 mins
(mp3)
43 mins
(pdf)
10 pgs
(pdf)
16 pgs
(pdf)
66 pgs
(pdf)
7 pgs
(pdf)
78 pgs
(pdf)
8 pgs
Session 2 —44 mins
Lease Triage Strategies During the Pandemic (Dec 2020)

Diagnosing vulnerable lease provisions, lease amendment therapies, and legal remedies for default.

Originally presented: Nov 2020 Leasing Institute

Thomas M. Whelan, McGuire, Craddock & Strother, P.C. - Dallas, TX

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3. Business Interruption Insurance and Related Coverages in a Pandemic (Dec 2020)

Michael W. Huddleston

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(mp4)
49 mins
(mp3)
49 mins
(pdf)
26 pgs
Session 3 —49 mins
Business Interruption Insurance and Related Coverages in a Pandemic (Dec 2020)

A discussion of the critical policy language and variations regarding coverage for business loss in the pandemic. Including an update on reported judicial decisions regarding coverage or not for business interruption, lost rental value, civil authority orders, and others. Noting special considerations involving real estate owners, operators and managers.

Originally presented: Nov 2020 Leasing Institute

Michael W. Huddleston, Munsch Hardt Kopf & Harr, P.C. - Dallas, TX

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4. Trends in Commercial Real Estate Lending (Dec 2020)

Seth Eaton

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(mp4)
45 mins
(mp3)
44 mins
Paper
(pdf)
5 pgs
Session 4 —45 mins
Trends in Commercial Real Estate Lending (Dec 2020)

Common issues lenders and borrowers are navigating on new loan transactions, loan modifications and work-outs during the COVID-19 pandemic.

Originally presented: Nov 2020 Leasing Institute

Seth Eaton, Winstead PC - Dallas, TX