News & Analysis as of

Mezzanine Lenders

Akin Gump Strauss Hauer & Feld LLP

Demystifying the Out-of-Court Foreclosure Process

Mezzanine lenders looking to foreclose on their collateral have the advantage of being able to pursue remedies outside of court. But the process, which is described in the Uniform Commercial Code (UCC), is often ill...more

Vinson & Elkins LLP

[CLE Hybrid Event] Alternative Investments in Commercial Real Estate: Preferred Equity and Mezzanine Debt Instruments - September...

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Join Vinson & Elkins REIT and Real Estate partners, Brent Abbott, Executive Vice President, Head of Investments, Real Estate Division at Pacolet-Milliken, and Anthony Scavo, Chief Operating Officer at Basis Industrial, as...more

King & Spalding

New York Appellate Division Dismisses Junior Mezz Lender’s Claims for Fraudulent Inducement and Fraudulent Concealment, Allows...

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On January 18, 2024, New York’s Appellate Division rejected a junior mezzanine lender’s contention that it was fraudulently induced to amend the parties’ intercreditor agreement, because it failed to identify specific...more

McGuireWoods LLP

[Event] 20th Annual Healthcare Private Equity and Finance Conference - May 8th - 9th, Chicago, IL

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Mark your calendar for the 2024 McGuireWoods Healthcare Private Equity and Finance Conference, and help us celebrate 20 years of bringing healthcare industry leaders together. This premier two-day healthcare...more

Nutter McClennen & Fish LLP

Commercial Real Estate Outlook for 2024

Paul Ayoub and Joseph Jannetty evaluate the Commercial Real Estate Outlook for 2024. They analyze key issues and data from the prior year to provide perspective on the challenges and opportunities in the real estate industry...more

Morrison & Foerster LLP

Hotel Mortgage Holder Barred from Converting Mortgage Loan In Part to Mezzanine Loan

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In a case litigated in the New York Supreme Court, the Court recently ruled that a private equity firm that acquired a mortgage loan made on the Maxwell Hotel in New York does not have the authority necessary to convert...more

DarrowEverett LLP

Mezzanine, Bridge Financing Becoming Key Tools in Uncertain Economy

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During periods of economic uncertainty and rising interest rates, alternative financing options such as mezzanine and bridge lending have emerged as attractive solutions for businesses. These specialized forms of financing...more

Cadwalader, Wickersham & Taft LLP

LMA Senior/Mezzanine Facility Drafting Guide and LMA Intercreditor Agreements for Real Estate Finance Transactions – Updates...

The Loan Market Association has just published updates to its (a) drafting guide for its senior/mezzanine single currency term facility agreement for real estate finance multi-property investment transactions and (b) its...more

Williams Mullen

Williams Mullen Mezzanine Lending Video Series - Episode 5

Williams Mullen on

In the fifth episode of the Williams Mullen's Mezzanine Lending Video Series, corporate attorneys Bob Dewar and Randal Greene discuss the primary challenges of mezzanine loans for lenders....more

Goodwin

Debt Download - March 2023

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Welcome to Goodwin’s Debt Download, our monthly newsletter covering what you need to know in the leveraged finance market. This month, we focus our coverage on the turmoil in the banking industry resulting from the failures...more

Akerman LLP

New York State Legislators Reintroduce Bill Proposing Tax on Mezzanine Debt and Preferred Equity Investments

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In the January 2023 legislative session, New York State Senators Salazar, Brisport, Hoylman, Jackson, Myrie, and Rivera submitted a bill, S-318 which seeks to impose a mortgage tax on mezzanine debt on, and preferred equity...more

White and Williams LLP

New York Lawmakers Re-introduce Legislation to Impose Recording Tax on Mezzanine Loans and Preferred Equity Investments

New York State lawmakers have reintroduced proposals to impose a tax on the creation of mezzanine debt and preferred equity. Both the New York Senate and Assembly have put forward similar bills that would require both...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Proposed Tax on Real Estate Mezzanine Debt and Preferred Equity Financing…Once Again.

Earlier this month, the New York State Senate (S318) and Assembly (A407) reintroduced proposed legislation seeking to extend the New York State mortgage recording tax to mezzanine debt and preferred equity financings. This...more

Katten Muchin Rosenman LLP

UPDATE: Proposed Taxes on Mezzanine and Preferred Equity Financing Resurface in New York Legislature

Key Points - - New York lawmakers have reintroduced legislation that, if adopted into law, would make mezzanine and preferred equity financing subject to the mortgage recording tax. - The legislation would also...more

Holland & Knight LLP

Mortgage Recording Tax on Mezzanine Debt, Preferred Equity Again Proposed in N.Y. Senate

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Legislation to impose a tax on the creation of mezzanine debt and preferred equity was reintroduced on Jan. 4, 2023, in the last two sessions of the New York state legislature, by the same state senators who proposed it...more

Pillsbury - Gravel2Gavel Construction & Real...

UCC Foreclosure Basics: Acquisition of Distressed Real Estate Mezzanine Debt

We recently provided an outline of items to diligence when purchasing a mortgage loan in distress—and separately also discussed issues to diligence when purchasing a mezzanine loan in distress. This post (the third in this...more

Hogan Lovells

Mezzanine-Finanzierungen rücken wieder ins Blickfeld

Hogan Lovells on

Trotz der verschlechterten wirtschaftlichen Lage hat es im Laufe des Jahresverhältnismäßig wenige Kapitalerhöhungen deutscher börsennotierter Gesellschaften gegeben. Dies liegt unter anderem daran, dass viele Unternehmen...more

ArentFox Schiff

The Impact of Interest Rate Hikes on the Real Estate Market

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The Federal Reserve will likely raise its target federal funds rate by another 0.75 percentage point as early as next week, according to news reports. Fed officials have already raised benchmark short-term borrowing rates 1.5...more

Proskauer Rose LLP

NYC Office Tower Ch. 11 Shines Light On Blocking Provisions

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This article analyzes PWM Property Management LLC's bankruptcy filing in the U.S. Bankruptcy Court for the District of Delaware to explain the impact of the use of corporate governance blocking provisions. The filing also...more

Williams Mullen

Williams Mullen Mezzanine Lending Video Series - Episode 4

Williams Mullen on

In the fourth episode of Williams Mullen's Mezzanine Lending video series, corporate attorneys Bob Dewar and Randal Greene discuss the primary challenges of mezzanine loans for borrowers....more

Cadwalader, Wickersham & Taft LLP

Further Developments in Mezzanine Foreclosures

The New York State Supreme Court, New York County Commercial Division (the “Court”) decided in U.S. Bank, N.A. v. 342 Property LLC, on February 14, 2022, that a mezzanine lender that is not a party to loan documents that...more

Cadwalader, Wickersham & Taft LLP

Going Green - February 2022 - Further Developments in Mezzanine Foreclosures

The New York State Supreme Court, County of New York (the “Court”) decided in Atlas Brookview Mezzanine LLC v. DB Brookview LLC, on November 18, 2021, that an accommodation pledge entered into in connection with a mortgage...more

Cadwalader, Wickersham & Taft LLP

The ESG Factor, January 2022 - One of These Things Is Not Like the Other: New York State Court Upholds Commercial Reasonableness...

On November 10, 2021, the owner of the State Street Financial Center in Boston, Massachusetts defaulted on its debt, consisting of a mortgage loan in the amount of $535,000,000 and three mezzanine loans in the aggregate...more

Williams Mullen

Mezzanine Lending Video Series (Episode 2)

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In the second episode of Williams Mullen’s five-part video series on mezzanine lending, corporate attorneys Bob Dewar and Randal Greene discuss why mezzanine loans are attractive to borrowers....more

Bass, Berry & Sims PLC

Key Takeaways from ACG’s “Current M&A Climate and 2021 Outlook”

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On June 17-18, the Association for Corporate Growth (ACG) Kentucky and Tennessee chapters hosted the 12th Annual ACG Mid-South Capital Connection, bringing together over 200 private equity investors, mezzanine lenders,...more

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