News & Analysis as of

Commercial Leases Financing

DarrowEverett LLP

Tenant Estoppel Certificates: Navigating Risks, Responses and Leverage

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When it comes to the sale or financing of real property, tenant estoppel certificates are not just formalities—they are crucial documents that confirm the status of existing leases. Tenant estoppel certificates offer...more

Otten Johnson Robinson Neff + Ragonetti PC

Ground Leases: A Commercial Real Estate Financing Alternative

In recent years, ground leases have gained popularity as an alternative for developers, offering more flexibility and leaner launch costs than traditional fee ownership of vacant land, pad sites, storefronts, or other...more

Frost Brown Todd

Reverse Build-to-Suit: Sale Leaseback Transaction with a Twist

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A reverse build-to-suit is a specialized real estate mechanism where the tenant develops and builds out the leased property to support the tenant’s use. This is a “reverse” of the common build-to-suit model, where a landlord...more

Stikeman Elliott LLP

Real Estate in Canada – Law and Practice

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1. General - 1.1 Main Sources of Law - Under Canada’s federal constitution, laws relating to real estate fall almost exclusively within provincial jurisdiction. Specifically, each Canadian province enacts its own...more

Harris Beach Murtha PLLC

What I Saw (and Heard) at the ACMA Conference

My practice focuses on commercial real estate finance and working with lenders financing commercial real estate projects throughout the United States. A highlight of my professional calendar is the annual meeting of the...more

Dinsmore & Shohl LLP

From Dreams to Deals: Avoiding Pitfalls in Commercial Real Estate Financing

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In commercial real estate transactions, time is money, execution is everything and projects generally do not move forward without a mortgage loan. Lenders and their counsel should view a project as if the lender is the...more

Buchalter

Georgia Enacts Commercial Financing Disclosure Law, Mandatory Compliance Date January 1, 2024

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Georgia has enacted its own Commercial Financing Disclosure Law (“CFDL”) that is similar to California, Florida and New York’s disclosure laws. The Georgia CFDL applies to covered “Commercial Financing Transactions”...more

Royer Cooper Cohen Braunfeld LLC

Understanding Life Sciences Leasing

Life sciences leases are at the vanguard of the new real estate economy. The highly specific and costly requirements of life sciences leases set them apart from other commercial leases. Therefore, an enhanced understanding of...more

Goodwin

Underwriting Life Sciences Companies: What Owners And Developers Of Real Estate Should Think About when Entering The Life Sciences...

Goodwin on

The process of underwriting tenants can involve a range of important – and sometimes competing – considerations at the best of times. In the propsci space, this is further complicated by the particular requirements of early...more

Herbert Smith Freehills Kramer

A Look at Retail Restructurings: Forever 21

Kramer Levin was selected as counsel to the Official Committee of Unsecured Creditors of Forever 21 and its affiliates, which filed for Chapter 11 protection in Delaware on Sept. 29, 2019. Forever 21 is a specialty fashion...more

Herbert Smith Freehills Kramer

Certain Financing Considerations When Investing in Ground Leased or Net Leased Real Estate

This note briefly looks at an issue that continually arises in connection with the financing of ground leases (as well as long-term triple net leases generally), of which any real estate fund looking to invest in such...more

Katten Muchin Rosenman LLP

Brexit: The Impact on Commercial Real Estate

Brexit has presented increased opportunities for investment in the UK commercial real estate market, with property funds offering discounted real estate assets and with overseas investors looking to invest in what they see as...more

Nossaman LLP

Financing and an Extended Lease Term Now Required For Enforceable Lease-Leasebacks in California

Nossaman LLP on

On June 1, 2015, a California Court of Appeal held that in order for a lease-leaseback arrangement to be enforceable, the lease must be “genuine”, containing both a financing component and a lease term that extends beyond the...more

Miller Starr Regalia

Not Worth The Paper It's Printed On? Strategies For Dealing With The Fraud Exception To The Parol Evidence Rule

Miller Starr Regalia on

This article explores possible measures that parties to commercial transactions and their attorneys can take to help ensure greater contract certainty when fraud claims of one type or another are not barred by the parol...more

Carlton Fields

Dealmakers Q&A: Carlton Fields' Greg Null

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W. Gregory Null, shareholder in the Atlanta office of Carlton Fields Jorden Burt LLP and chairman of the firm’s commercial finance industry group, has extensive experience in representing institutions and entrepreneurs in the...more

Baker Donelson

HUD Helps Clear Confusion in Loans to the Long Term Care Industry

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Overview - New Guidance from HUD. By now, long term care project owners are very aware of the advantages of HUD-insured financing. However, HUD's program policies continue to challenge some providers who own and/or operate...more

Baker Donelson

New HUD Guidance for Long Term Care Industry

Baker Donelson on

On April 25, 2014, HUD issued a new Mortgagee Letter (Mortgagee Letter 2014-06) that implements revised policies with respect to master leases and portfolios for HUD-insured financing of long term care facilities. This letter...more

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