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Drafting Subleases & Assignments in Commercial Real Estate, Part 1 & Part II (teleseminar)
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This program will provide you with a practical guide to the various forms of subleases and assignments, key issues for landlords, tenants, and subtenants, and tips to avoid drafting traps.

3/29/2018 to 3/30/2018
When: 03/29/2018 - 03/30/2018
1:00 PM to 2:00 PM
Where: United States
Contact: (404) 521-0781


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DRAFTING SUBLEASES & ASSIGNMENTS IN COMMERCIAL REAL ESTATE, PART 1 & PART 2, 2 CLE hours
 

Subleasing and assignments are essential instruments for tenants to reduce the size of their space and reduce costs for space they no longer need.  Landlords often disfavor subleases and assignments because they lose control over who occupies their space.  Subleases also raise issues for lenders to landlords who may become nervous about the quality of tenants.  Subleases come in a variety of forms, all of which need to exist within the operational parameters and other restrictions imposed by the master lease.  If subleases are carefully drafted, they can serve the interests of landlord, tenant, subtenant, and lender.  Otherwise, these complex documents give rise to multiple levels of friction and possibly litigation.  This program will provide you with a practical guide to the various forms of subleases and assignments, key issues for landlords, tenants, and subtenants, and tips to avoid drafting traps.

 

Day 1 – March 29, 2018:

 

·       Drafting and negotiating subleases and assignments of leases

·       Subleasing v. assignments – when is each used or allowed?

·       Types of subleases –leases without reference to master lease v. incorporation by reference to master lease v. custom-made sublease

·       Standards of “reasonableness” in obtaining landlord consent to assignment or sublease

·       Identifying and mitigating risks to tenants and subtenants in subleasing

·       Landlord and lender concerns in subleases

 

Day 2 – March 30, 2018:

 

·       Drafting the most provisions in subleases and tips to avoid later dispute

·       Space recapture, profit sharing, and other landlord remedies

·       Restrictions on use in subleases and subtenant risks

·       Non-disturbance agreements with landlord and lender

·       Remedies of subtenant on tenant to landlord default

·       Most important provisions of assignments of leases

 

Speakers:

 

Michael P. Williams is a partner in the Denver, Colorado office of Senn Visciano Canges, P.C., where he has extensive experience in commercial leasing and tenant relations, acquisition and disposition of office, industrial, retail and multi-family properties, representing real estate professionals in disputes before their boards or in litigation, and advising homeowner associations.  He also assists lenders in pre-foreclosure workouts, foreclosures, loan modifications and servicing REO property needs.  He is a member of the banking law subcommittee of the ABA’s Business Law Section.  Mr. Williams received his B.A. from Colorado State University and his J.D. from the University of Denver College of Law.

 

Eric Rapkin is the office managing partner of the Fort Lauderdale, Florida office of Akerman, LLP, where his practice focuses on sophisticated commercial real estate transactions, including the leasing, acquisition, disposition, and financing of a variety o developments for developers, institutional investors, and investment funds.  He has served in several leadership roles for the International Council of Shopping Centers and the NAIOP Commercial Real Estate Development Association.  Mr. Rapkin earned his B.A. from the University of Florida, where he was Phi Beta Kappa, and his J.D. from Georgetown University Law Center.

 

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.

 


*(Teleseminar courses qualify for self-study credit only)  

 

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