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Guarantees in Real Estate Transactions (teleseminar)
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When: 08/30/2016
1:00 PM to 2:00 PM
Where: United States
Contact: (404) 521-0781

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One-hour CLE programs are just a phone call away
Convenient, affordable, timely and informative
An 800 number connects you to nationally recognized practice leaders who will speak on important issues and emerging trends in the law. You can also pose your own questions to the speakers. Written materials and other details are emailed in advance to pre-registrants.

1 CLE hour

First Run Broadcast: February 9, 2016
Live Replay: August 30, 2016
1:00 p.m. E.T. (60 minutes)

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.  

• 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


John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.  He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law.

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