Commercial Real Estate Loan Documents: Current Structures and Negotiating Trends

The commercial real estate industry has developed a variety of financing techniques which provide additional protections and controls to the lender and make loans more marketable in syndication or securitization. Counsel should understand the reasons behind these deal structures and the areas subject to negotiation.

Tight underwriting criteria, debt service or loan-to-value triggers, “special purpose entities” (SPEs), independent directors, nonrecourse carve-out, springing liability, and cash management are among the requirements that now appear in many commercial mortgage loan transactions. But, parties fiercely negotiate these provisions, which vary depending on loan size and attributes of the borrower and the property.

Listen as our authoritative panel of attorneys explores current deal and structuring terms now required by institutional real estate lenders in commercial loan documents. The discussion will include different types of cash management and reserves, variations on carve-outs and SPE requirements, and the areas of possible negotiation on each.