Triggering the Buy-Sell: Considerations for invoking a buy-sell provision in a partnership dispute (Part 2)

This is Part 2 of a two-part series on triggering a buy-sell. This week we will consider three more factors to weigh when invoking a buy-sell in a partnership dispute. 1. Waterfall/Distributions As discussed in last week’s installment, the calculation of the purchase price for the partnership interests under the buy-sell often involves starting with […]

Triggering the Buy-Sell: Considerations for invoking a buy-sell provision in a partnership dispute (Part 1)

In a down market, partnership disputes tend to rear their heads with increasing frequency, and many partners begin looking for a way out[1]. One place they often turn is the buy-sell mechanism. But before pulling the trigger on a buy-sell, there are several things to consider in order to prepare for how the circumstances might […]

Considerations for Foreclosing Mezzanine Lenders – Part 2

Here, we continue our discussion of considerations for foreclosing mezzanine lenders. Type of Foreclosure In preparing to exercise remedies under the mezzanine loan documents, a lender first must determine which type of enforcement action best suits the circumstances. Mortgage vs. mezzanine foreclosure Lenders holding both mortgage and mezzanine loans on the same property will need […]

Considerations for Foreclosing Mezzanine Lenders – Part 1

During the real estate boom of the 90s and early 2000s mezzanine lending became a commonplace source of capital for developers and other sponsors. Now, as the economic downturn continues and real estate values continue to fall, more and more mezzanine lenders are finding themselves with defaulted loans. In this series, we will examine five […]

Five Strategies for Special Servicer Negotiations: How to avoid the most common stumbling blocks

Whether you are a borrower, a B-piece holder or a foreclosing mezzanine lender, at some point you have found yourself in the unenviable position of dealing with a special servicer. By gaining insight into what motivates special servicers, you will solidify your negotiation strategy and better understand how to avoid a few common pitfalls. In […]