About the Course
Introduction
This CLE course will provide real estate counsel with an understanding of structural characteristics that institutional real estate lenders currently require in commercial real estate loans and typically negotiated terms. The panel will also discuss crucial court decisions that have impacted industry practices.
Description
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.
Presented By
Mr. Homburger concentrates his practice in the area of real estate financing, development and investment, and he is particularly noted for his experience in sale/leaseback transactions and the use of advanced financing techniques. He served as an adjunct professor of law at The John Marshall Law School, where he taught a course in advanced real estate transactions. He is a frequent speaker and writer on topics such as sales and leaseback financing, commercial real estate leases and mortgages, and numerous others.
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
Date + Time
- event
Thursday, June 14, 2018
- schedule
1:00 PM E.T.
- Nonrecourse carve-outs
- Springing guaranties
- Cash management practices
- SPE provisions
- Reserve agreements and other credit enhancements
The panel will review these and other pivotal issues:
- What are SPEs in real estate financing—and how are they structured?
- What are the latest trends in nonrecourse carve-outs?
- What are the types of cash management practices available?
Related Courses
Next-Door Claims in Construction Projects: Key Provisions to Mitigate Risk of Adjacent Property Issues
Tuesday, January 6, 2026
1:00 p.m. ET./10:00 a.m. PT
Rent Deferral Agreements for Defaulted Commercial Leases: Pre-Negotiation, Risk of Insolvency, Landlord Due Diligence
Thursday, January 22, 2026
1:00 p.m. ET./10:00 a.m. PT
Mitigating Liability in Condominium Project Development: Unique Claims, Key Provisions to Protect Stakeholders
Thursday, December 4, 2025
1:00 p.m. ET./10:00 a.m. PT
