Commercial Real Estate Financing:
Strategies for Changing Markets and Uncertain Times
Free PodCast
Listen to "Course Overview; Permanent Loan Documentation: Lessons Learned and Applied - 2007" from the program Real Estate Financing Documentation: Strategies for Changing Times originally presented January 11-13, 2007
Why Attend?
This comprehensive program provides you with up-to-date information on the new rescue plan legislation, the state of the markets, the latest international efforts to assist in the credit crunch, and on the current responses of the government and lending community.
What You Will Learn
Today's real estate market may be in peril, but the demand for attorneys who can handle sophisticated projects is still strong. If you want to polish your skills to handle those projects, this is the course for you. It features:
Instruction by the nation’s most distinguished and respected practitioners in this field
Timely topics, including defaults, workouts, and bankruptcy issues
Strategies for dealing with lenders and borrowers
Strategies for dealing with distressed properties
Negotiation techniques to meet the demands of lenders
Tips for document adjustments
Practice pointers on avoiding pitfalls in today’s market
In-depth interactive discussions of the issues with perspective from lenders, borrowers, and developers
Forms and agreements used by faculty members in their practices
This annual advanced course of study, comprising 16 hours of instruction, provides an in-depth examination of various aspects of real estate financing, with commentary about future trends. It emphasizes the drafting and negotiating of loan documentation for new loans in light of the lessons learned from prior business cycles as applied to current market conditions. The course reviews the latest real estate financing techniques, including the new forms of secondary lending, and applies them to the financing environment of today. The course places special emphasis on workout techniques in the present environment.
Time is reserved throughout the program to address written questions submitted by the registrants.
Planning Chairs
Richard R. Goldberg, Ballard Spahr Andrews & Ingersoll, LLP, Philadelphia
Andrea M. Mattei, Paul, Hastings, Janofsky & Walker LLP, New York
Faculty
Joseph Philip Forte, Alston & Bird LLP, New York
Jeffrey G. Gurren, President and General Counsel, Title Associates Inc., New York
Michael D. Hamilton, DLA Piper US, LLP, Los Angeles
John S. Hollyfield, Fulbright & Jaworski L.L.P., Houston
Thomas F. Kaufman, Hunton & Williams LLP, Washington, D.C.
K.C. McDaniel, K.C. McDaniel PLLC, Brooklyn
Eric M. Schiller, Sonnenschein Nath & Rosenthal LLP, Chicago
Susan G. Talley, Stone Pigman Walther Wittmann L.L.C., New Orleans
Program Schedule
THURSDAY, JANUARY 15, 2009
8:00 a.m. Registration and Continental Breakfast
Webcast Segment A
9:00 a.m. Introductory Remarks and Course Overview - Mr. Goldberg and Ms. Mattei
9:15 a.m. Grappling with Default, Workout, and Bankruptcy Issues; Dealing with Relationship Lenders, Servicers, and Special Servicers; the Place of the Securitized Market - Mr. Kaufman and Panel
10:30 a.m. Networking Break
10:45 a.m. Default, Workout, and Bankruptcy Issues (continued)
12:15 p.m. Questions and Answers
12:30 p.m. Lunch Break
Webcast Segment B
2:00 p.m. Know Your Lender: Advanced Issues in Construction and Permanent Financing from the Lender's Perspective - Mr. Schiller and Ms. Talley
3:15 p.m. Networking Break
3:30 p.m. Representing the Borrower: Advanced Issues - Mr. Hamilton and Mss. Mattei and McDaniel
4:30 p.m. Mezzanine and Preferred Equity Financing - Messrs. Goldberg and Kaufman
5:15 p.m. Questions and Answers
5:30 p.m. Adjournment for the Day
FRIDAY, JANUARY 16, 2009
8:30 a.m. Continental Breakfast
Webcast Segment C
9:00 a.m. Equity as a Form of Alternative Financing: Joint Ventures, Partnerships, LLCs, and Private Equity Funds - Mr. Goldberg and Mss. Mattei and Talley
10:00 a.m. Networking Break
10:15 a.m. Title Insurance - Mr. Gurren
11:00 a.m. Legal Opinions - Messrs. Hamilton and Hollyfield and Ms. Talley
12:00 noon Questions and Answers
12:30 p.m. Lunch Break
Webcast Segment D
2:00 p.m. Credit Enhancement: Guarantees, Letters of Credit, and Swaps (Caps and Collars) - Ms. Mattei and Mr. Schiller
2:45 p.m. Insurance for Financing Transactions - Mr. Goldberg
3:30 p.m. Networking Break
3:45 p.m. The Future of the Capital Market Transaction: Where is the Industry Heading? Dealing with CMBS Pools and CDOs - Mr. Forte
5:00 p.m. Questions and Answers
5:30 p.m. Adjournment for the Day
SATURDAY, JANUARY 17, 2009
7:30 a.m. Continental Breakfast
Webcast Segment E
8:00 a.m. Inter-Creditor Techniques and Mezzanine Loan Inter-Creditor Relationships - Messrs. Goldberg and Hollyfield and Ms. McDaniel
9:00 a.m. Co-Lending Agreements - Ms. McDaniel and Mr. Schiller
9:45 a.m. Networking Break
10:00 a.m. Ethical Issues in Real Estate Financing - Ms. Mattei and Faculty
11:00 a.m. Questions and Answers
11:15 a.m. Adjournment
Total 60-minute hours of instruction: 16, including one hour of ethics
Suggested Prerequisite: Limited experience in legal practice in subject matter or completion of Basic CLE Course in subject matter
Educational Objective: Acquisition of knowledge and skills to develop proficiency as a practitioner; maintenance of professional competence as a practitioner; provision of information on recent legal developments
Level of Instruction: Advanced
Here's what registrants have said about this course:
"The panelists were outstanding. They were all practitioners who had a wealth of depth and experiences borne from years of ‘trench warfare’ for their clients and dedicated study of the law, applied across a wide swatch of real estate finance sectors. Dick and Andrea were exemplary co-chairs in their depth and breadth of knowledge, practical application experience, specific 'war stories' that demonstrated this application, ideal presentation style and manner – not arrogant or pedantic, respectful, easy to understand and honest."
"The conference was extremely useful for me, as an in-house attorney, to hear about industry, legal and market trends, how hot-button issues are being handled, nuances of these issues and their resolutions, and the very different perspectives and approaches to issues, positions, documents, and negotiating tactics depending on where in the capital stack the market participant plays. Thank you." (Sharon Levine, FANNIE MAE, Potomac, Maryland)
"The course was fabulous. It was interesting and informative — the panel was wonderful."
"I have attended this seminar before and found it very good in the past and again now."
"The course is a perennial home run. The faculty is well experienced at the very highest levels of sophistication in the topics on which they are presenting." (Patrick A. Guida, Duffy Sweeney & Scott, Ltd., Providence, Rhode Island)
"This course was very well conceived and very well presented. The chairs did a particularly good job of making sure the other presenters stayed on task and followed the time schedule. I also appreciated the fact that Mr. Goldberg often took the discussion out of the stratosphere of mega-transactions and talked about more basic transactions."
