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Borrowers Construction Project

Tonkon Torp LLP

Covenants in Development Financing – What to Expect

Tonkon Torp LLP on

Loan financing is a cornerstone of real estate development. It’s a rare project that has captive capital to finance the entire project, and many investors expect that their contributions will be leveraged with debt financing....more

King & Spalding

District Court Applies a Broad Definition of “Transfer” Under the Missouri Uniform Fraudulent Transfer Act

King & Spalding on

On June 21, 2022, the U.S. District Court for the Eastern District of Missouri denied a motion to dismiss a fraudulent transfer claim asserted by the borrower’s lender against the borrower’s principals’ lender. Plaintiff...more

Cozen O'Connor

MARAD Updates Title XI Program with Streamlined Process

Cozen O'Connor on

The U.S. Maritime Administration (MARAD) recently released guidance on its streamlined procedures for securing government-guaranteed ship financing under the Title XI program, now reliant on the Federal Financing Bank (FFB)...more

Seyfarth Shaw LLP

Amending Building Loan Contracts in New York in the Wake of COVID-19-Related Closures of Local Recorders’ and Clerks’ Offices

Seyfarth Shaw LLP on

The closure of local recorders’ and county clerks’ offices in the wake of COVID-19, and the prospect of future closures, has had a profound effect on commercial real estate transactions. This is particularly true in New York...more

Woods Rogers

Preemptive Wordsmithing: Considering Future Alterations of Commercial Property at the Outset

Woods Rogers on

Borrowers often envision future alterations to enhance the economic value of the commercial real estate asset, when closing the initial loan. Such alterations can be in the form of capital improvements, tenant improvements,...more

Snell & Wilmer

There is No Crying in Baseball . . . Facility Construction

Snell & Wilmer on

The Utah Court of Appeals recently decided Camco Construction, Inc., et al. v. Utah Baseball Academy, Inc., et al., 863 Utah Adv. Rep. 58, 2018 UT App 78. The case involved the plan of Athletic Performance Institute LLC...more

Buchalter

Feds Ease Regulation of High Volatility Commercial Real Estate (HVCRE) Lending

Buchalter on

On May 24, 2018, the Economic Growth, Regulatory Relief, and Consumer Protection Act (the Act) took effect and, among other things, eased some of the restrictions on bank lending involving what is referred to as high...more

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