Commercial Real Estate Institute (Eleventh Annual)

Overview

Why You Should Attend

What You Will Learn

• Sustainability issues in commercial leases and construction agreements
• Update on workout issues
• Purchase and sale perspectives, negotiating and closing the complex transaction
• Lending: what do lenders and borrowers really need in a deal?
• What provisions are really important in a loan commitment and loan documents, with a sample demonstration

• Commercial leases - landlord and tenant perspectives, negotiation strategies and how to “green” your lease
• Hear the latest land use concerns and environmental impacts on real estate
• New AIA forms, integrated project delivery, other construction issues
• Insurance issues: what do real estate attorneys really need to know?
• Obtain a full hour of ethics credit toward your state’s CLE requirements

Who Should Attend

Special Features

Live Webcast - Simultaneous live webcast of the San Francisco session is available for individual viewing. Webcast participants will receive streaming audio and/or video of the program, view and print the Course Handbook, and have the ability to submit questions electronically.

For more information click on the Live Webcast link in the Related Items box.

Special Bonus to all Registrants

All attendees will receive a complimentary copy of PLI's comprehensive Course Handbook. This softcover, bound volume was written to augment the program and to stand alone as a permanent reference. PLI's Course Handbooks represent the definitive thinking of the nation's finest legal minds, and are often the standard reference in the field.

Please Note: Webcast attendees will receive a downloadable version of the Handbook one business day prior to the program.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount.  For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Schedule

DAY ONE: 9:00 A.M. - 5:00 P.M.

Morning Session: 9:00 a.m. - 12:30 p.m.

9:00  Introduction

9:15  Purchases, Sales and Closing

• LOIs
• Purchaser due diligence and contract issues
• Special issues in representing the purchaser
  - Understanding the property
  - Structuring issues
  - Due diligence period vs. hard contract
  - Purchaser contingencies
• Improved vs. unimproved property
• Seller vs. purchaser perspective/strategy

• Borrower’s hot buttons in loan negotiations
  - Control of lender discretion
  - Permitted transfers
• Loan documentation issues
  - What issues really matter?
  - Documentation structure
• Leasehold financing
• Purchase money financing
• Mezzanine financing
• Securitization
• Special Purpose Entities - do they still matter?
• Liquidity for borrowers and lenders - defeasance, property releases and allocated loan amounts
• Sample negotiation of mortgage commitment and loan documents

• Boilerplate and the lease as contract or conditional demising
• Unbundling the rent components work letter
• Exit strategies in troubled times
  - Use, assignment and subletting
  - Expansion/contraction rights
• Insurance
• Operating expenses
  - Tenant’s goals
  - Landlord’s goals

• Key green lease provisions
• How to make going green easy
• Challenges in negotiating for green lease provisions

• Pre-workout agreements
• Review of existing collateral
• Common deal terms in mortgage loan workouts and the legal issues they raise
• Deeds in lieu; fraudulent transfer concerns
• Cash flow mortgages; expedited sales of collateral
• Changes in management
• The use and abuse of lockboxes
• The importance of valuation
  - Understanding the client’s goals
  - Acceleration and the order of enforcement: strategic planning
  - Inadvisable lender conduct
• Issues associated with mezzanine loans

• Traditional role of title insurance in commercial transactions
• Getting the most from a commercial title insurance company
• A review of ALTA title insurance policy forms
• Getting the most from endorsements and affirmative coverage

9:00  Construction Contracting

• Who are the players? Contractors, architects, consultants, other third parties
• Allocating and mitigating risk in the construction process
• Identifying and avoiding killer clauses
• Utilizing standard form design and construction contracts
• Borrower-lender issues
• Tips for drafting construction contracts in disastrous times
• New contracting issues in the construction arena including green and sustainable construction issues

• Rights of the regulated in the public approval/entitlement process
• The due diligence process
• To what extent can land use risks be shifted through contract provisions and/or the structure of the deal?
• Strategies for success regardless of jurisdiction

• Environmental due diligence
• Environmental representations, warranties and indemnities
• Current and evolving federal legislation
  - Brownfields
  - CERCLA
• Practical issues and opportunities from a developer’s perspective
• Environmental insurance

• Standard noncontributory mortgagee endorsement
• Additional insured versus named insured
• Subrogation issues
• Certificate of insurance - the ACCORD form

• Conflicts of interest
• Confidentiality
• Dealing with non-attorneys
• Computer-related issues

Faculty

Chairperson(s)

Speaker(s)

Program Attorney(s)

CLE Credit

Travel Information

Due to high demand we recommend reserving hotel rooms as early as possible.