Nebraska Activity #168326, 1.0 hours CLE (Distance Learning)
Guarantees undergird most real estate transactions. Lenders, investors and others are often unwilling to finance or otherwise support a real estate transaction without certain substantial guarantees. These guarantees may concern repayment of loan proceeds or cover a host of other performance benchmarks – construction, maintenance and waste prevention, environmental indemnity or something else. The scope of guarantees is highly negotiated, particularly whether the guarantee is recourse or non-recourse and the scope of carve-outs from the guarantees. This program will provide you with a practical guide to negotiating and drafting guarantees in real estate transactions.
- Types of guarantees – payment, performance, collection, completion
- Essential elements of a guarantee – consideration, scope, carve-outs, waivers
- Guarantees for property maintenance/no waste, environmental indemnity and other non-financial concerns
- Carve-outs – full v. partial, fraud, misappropriation, misapplication, failure to maintain, insurance, and more
- Special Purpose Entity issues – debt, solvency, separateness
- Guarantees of construction loans
Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice. He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use. He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology. Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.
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. Earlier in his career, he served as vice president and associate general counsel of The Rouse Company for 23 years. 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 is currently a Fellow of the American College of Mortgage Attorneys and is a member of the American Law Institute. Mr. Goldberg received his B.A. from Pennsylvania State University and his LL.B. from the University of Maryland School of Law.
To Register:Cost $89.00
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If you need additional information on your CLE credits please contact:
Amy Prenda, Nebraska State Bar Association
(402) 475-7091 ext # 131; firstname.lastname@example.org