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These telephone seminars are presented by national speakers who are experts in their areas of practice often ABA Section chairs, authors of books in their areas of practice, and heads of practice groups.
Guarantees in real estate transactions provide lenders an additional layer of protection for performance but are also a potential source of major liability for guarantors. In non-recourse loans, “bad boy” or “springing” guaranties are highly negotiated and carefully drafted for triggering circumstances, scope of liability and to help ensure eventual enforceability. The final form of a guarantee has a major impact on the economic expectations of counter-parties and substantial tax consequences. This program will provide you with a practical guide to negotiating and drafting guaranties, including “bad boy” carve-outs of non-recourse loans, triggering events, scope of liability and practical enforceability.
- Negotiating and drafting guarantees and carve-outs in real estate transactions
- Types of guaranties and expectations depending on nature of lenders, including mezz lenders
- “Bad boy”/”springing” carve-outs scope of liability and triggering events
- Practical issues in enforcing guaranties and common problems
- Review of recent legal developments impacting enforceability of guaranties
Manuel A. Fernandez, Akerman, LLP Miami
Richard R. Goldberg, Ballard Spahr, LLP Philadelphia
Once registered you will receive from the MSBA a confirmation email containing a toll-free telephone number to call on the day of the seminar. You will also receive a pdf containing the materials for the program to print.