Nebraska Activity #127306, 1.0 hour CLE
Strength in the real estate market has caused the balance of negotiating power (and expectations) of equity investors, developers, and promoters to shift again. Investors eager to participate in certain transactions are somewhat more accommodating in accepting developer terms. Developers, sensing there’s more capital chasing deals, are somewhat more emboldened to press their terms. Thus, the form of ownership interest or profit participation by the investor and guarantees and/or preferential returns from the developer are very highly negotiated. Investors, mindful that the uptrend cannot continue forever, are still eager to secure their investments. This program provides you with a detailed discussion of structuring and drafting an equity investment in real estate, including forms of profit participation, related security and guarantee issues, information and control rights, and withdrawal or sale rights.
- Structuring equity investments in real estate and drafting tips
- Forms and timing of initial investment—capital or land—and subsequent capital calls
- Preferential return of initial capital and preferred claim on profits
- Security interests, guarantees, and other default protection
- Relationship of form of equity interest to choice of entity in the deal
- Information rights, management rights, right to take control on certain events
- Withdrawal, sale, or liquidation rights for the equity investor
Manuel A. Fernandez is a partner in the Miami office of Akerman LLP, where he has an extensive real estate practice representing commercial mortgage lenders, developers, and institutional and noninstitutional investors in connection with the acquisition, development, financing, leasing, and management of commercial and residential real estate assets and distressed real estate transactions. He also represents hedge funds, pension funds, and other real estate opportunity funds in connection with joint ventures.
Richard R. Goldberg is a retired partner resident in the Philadelphia office of Ballard Spahr LLP, where he established an extensive real estate practice, including development, financing, leasing, and acquisition. Mr. Goldberg is a Fellow of the American College of Mortgage Attorneys and a member of the American Law Institute. He is past president of the American College of Real Estate Lawyers, past chair of the Anglo-American Real Property Institute, and past chair of the International Council of Shopping Centers Law Conference. Mr. Goldberg received his LL.B. from the University of Maryland School of Law.
To Register:Cost $89.00
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