Structuring Credit Tenant Lease Financing: Balancing Interests of Developers, Lenders, Tenants, and Investors

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Real Property - Finance
- event Date
Tuesday, May 3, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will provide counsel with a review of the more nuanced aspects of credit tenant lease (CTL) financing as a financing vehicle. The panel will discuss structuring and documenting the transaction and meeting the interests of developers, lenders, tenants, and investors.
Faculty

Mr. LaSota is Co-Chair of the Chicago Corporate Practice. He focuses his practice on the representation of institutional investors in advising, structuring, and documenting debt transactions, with particular focus on credit tenant loan real estate transactions (CTLs) and project and infrastructure finance, including public-private partnerships. Mr. LaSota has wide-ranging industry experience including federal and state government, public and private universities, hospitals, resorts, hotels, medical office buildings, retail outlets, parking and transportation facilities, data centers, and oil and gas facilities. A considerable amount of his practice involves reviewing and negotiating lenders’ interests in leases, residual-value guaranties, construction contracts, concession agreements, and other project-related agreements, and negotiating and documenting financing arrangements. Mr. LaSota is experienced with the rules and customs of the NAIC guidelines which govern the treatment of securities (including CTLs) as “Schedule D” bond transactions for certain institutional investors, and is frequently consulted by institutional investors and placement agents for structuring advice and guidance on such matters.

Mr. Robson focuses his practice on corporate, project and structured finance transactions, including public-private partnerships and lease finance transactions. His representation of insurance companies, finance companies, and institutional investors focuses on private placements of debt, both secured and unsecured; complex project and facility financings; real estate transactions; equipment financings; and credit tenant loans. A considerable amount of Mr. Robson’s practice involves energy and infrastructure financings and includes advising, structuring and documenting debt offerings and financing arrangements; negotiating lenders’ interests in project-related agreements; and structuring transactions to attain requisite credit ratings on debt securities from the rating agencies.

Mr.Persky joined CGA in 2024 as a Managing Director involved in the origination, structuring and distribution of CTL transactions. Prior to joining CGA, he spent nearly 29 years at Nuveen and TIAA’s Private Placements group where he was a Managing Director serving as Portfolio Manager and Head of CTL Originations. Mr. Persky also worked in commercial banking at Citibank and European American Bank.
Description
CTL financing is an attractive alternative to traditional real estate financing that may result in lower debt service and higher loan-to-value for owners and developers. CTL financing is suited for property leased to a single investment grade tenant under a financeable net lease.
Because the CTL structure is treated as a bond rather than a real estate loan for certain institutional investors' regulatory capital treatment, additional structuring and specific documentation are needed to satisfy the unique standards of these investors.
Listen as our panel discusses the advantages and disadvantages of CTL financing with a focus on structuring and documenting the transaction, including more specific focus on "special risk insurance," "residual value insurance," recourse carveouts in CTLs, and more.
Outline
- Trends in credit tenant lease financing
- Lease financeability
- Special risk casualty and condemnation insurance
- Balloons and residual value insurance
- Recourse carveouts and other mitigants
- Structuring and documenting the construction to permanent transaction
Benefits
The panel will review these and other key issues:
- What are the recent trends in CTL financing?
- What are features that make CTLs unique?
- What factors and lease provisions make the underlying lease financeable?
- How can a less than perfect lease be financed with a CTL?
Unlimited access to premium CLE courses:
- Annual access
- Available live and on-demand
- Best for attorneys and legal professionals
Unlimited access to premium CPE courses.:
- Annual access
- Available live and on-demand
- Best for CPAs and tax professionals
Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
- Annual access
- Available live and on-demand
- Best for legal, accounting, and tax professionals
Related Courses

Navigating UCC Issues in Real Estate Finance Opinions: The ABA/ACMA/ACREL/ACCFL Opinion Report
Friday, May 30, 2025
1:00 p.m. ET./10:00 a.m. PT

Assignment of Rents Enforcement After a Default: Receivership, Foreclosure, and Bankruptcy Issues
Friday, May 30, 2025
1:00 p.m. ET./10:00 a.m. PT

Default Provisions in Real Estate Joint Ventures: Bankruptcy, Distressed Property, Removal of Manager
Tuesday, May 20, 2025
1:00 p.m. ET./10:00 a.m. PT

ESG and Sustainability in Real Estate Finance: Asset Management, Legal and Regulatory Uncertainty, Risk Mitigation
Wednesday, May 21, 2025
1:00 p.m. ET./10:00 a.m. PT
Recommended Resources
Transforming CLE from a Requirement to a Career Advantage
- Learning & Development
- Career Advancement
- Talent Development