Welcome to my blog. I use it primarily to publish my materials from programs I present before the American Bar Association, the American College of Real Estate Lawyers, the American Inns of Court, the District of Columbia Bar, the Maryland State Bar Association, the Harvard Business School Club of Washington, D.C., and other organizations. I would love to receive any questions, comments, criticisms and suggestions you may have on any of these topics. Please check my law firm’s website, at www.samuelson-law.com, and contact me.

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April 2008 Archives

April 3, 2008

Form - Workout Agreement to Continue Funding Construction

If mezzanine and other lenders are involved when a real estate project is going badly, especially one in the middle of construction, the lenders will probably have to decide whether, and, if so, on what terms, to continue finding. If the best course of action is indeed to continue funding, then issues are likely to arise as to how to incentivize potential funding sources to provide the additional funds, and the developer, if the developer is the best person to complete the construction, to continue. Obviously, many risks and variations are possible. The following form is a template for addressing some of those issues and is to be used in the context of local boilerplate.

Continue reading "Form - Workout Agreement to Continue Funding Construction" »

Posted by Ken Samuelson | | Email This Post

Posted In: Distressed Commercial Real Estate

April 3, 2008

Form - Workout Agreement for a Deed-in-Lieu

The following form is designed to address the situation in which a lender and the borrower agree upon a workout in the form of a deed-in-lieu. As with all forms, it needs to be tailored to the particular transaction. Furthermore, it does not include state and local requirements or any of the boilerplate.

Continue reading "Form - Workout Agreement for a Deed-in-Lieu" »

Posted by Ken Samuelson | | Email This Post

Posted In: Distressed Commercial Real Estate

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