A commercial tenant views a lease negotiation quite differently than does the landlord. As most leases tend to be drafted by the landlord, a tenant must begin an uphill battle to gain as many concessions as possible. This is an arduous task made easier by a full understanding of what are the most important issues for a tenant in a commercial lease transaction.
How does the financial profile of the tenant enter into the picture? Where can a tenant get hurt the most by hidden costs or unforeseen expenses? Why is “leverage” the most important concept to consider in this process? This webinar will help one understand how the tenant, generally the underdog in lease transactions, can turn the tables and become the most powerful player in the leasing game.
Part of the webinar series: REAL ESTATE LAW DUMBED DOWN 2022
See more at https://www.financialpoise.com/webinars/
Commercial Leases, Their Provisions and Pitfalls to Avoid (Series: Real Estat...Financial Poise
Like any other contract, the provisions of a commercial lease are negotiable. Yet, like so many contracts, commercial leases can be confusing to anyone who does not negotiate them for a living. This webinar explains many of the common provisions in a typical commercial lease (e.g. competition clauses, destruction/condemnation provisions, enforcement provisions, escalation clauses, purchase and renewal options, subletting and assignment provisions, use provision- just to name some examples) and discusses what is “market” with respect to them.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/commercial-leases-their-provisions-and-pitfalls-to-avoid-2020/
REAL ESTATE LAW DUMBED DOWN 2022 - Representing the Commercial LandlordFinancial Poise
The process of representing a commercial landlord in a lease transaction is multi-faceted. While generation of cash flow is the ultimate goal, there are other very important goals. These include minimizing risk, preserving the asset, enhancing the property and about a multitude of other issues.
This webinar provides powerful ammunition for both landlord reps and tenant reps to have in their arsenal. It focuses on the major concerns of real estate professionals in advising a landlord. When should the landlord insist on the language in the lease, and when should the landlord consider a concession or compromise? What is the role of the local real estate market in this analysis and why is it so important? After participating in this webinar, one will have a solid grasp of what commercial landlords need and why.
Part of the webinar series:
REAL ESTATE LAW DUMBED DOWN 2022
See more at https://www.financialpoise.com/webinars/
Investing in Commercial Property (Series: Real Estate Investing 101 - 2020) Financial Poise
Before taking the plunge into commercial real estate investing, one should have a clear understanding of how to select the right location, preferred type and class of property, what due diligence to do, how to secure financing, how to negotiate a deal, and how to manage the property going forward as a commercial landlord. This Financial Poise panel explains the process from looking for the investment, to contract, to closing, and beyond.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/investing-in-commercial-property-2020/
Before taking the plunge into commercial real estate investing, one should have a clear understanding of how to select the right location, preferred type and class of property, what due diligence to do, how to secure financing, how to negotiate a deal, and how to manage the property going forward as a commercial landlord. This Financial Poise panel explains the process from looking for the investment, to contract, to closing, and beyond.
Part of the webinar series: REAL ESTATE INVESTING 101 - 2022
See more at https://www.financialpoise.com/webinars/
Investing in Residential & Multi-Family Real Estate (Series: Real Estate Inve...Financial Poise
Apartment buildings and other residential and multi-family housing can provide a stable income to an investor. This Financial Poise webinar discusses some of the pros and cons of being a landlord. It provides a basic overview about how to find and assess opportunities, obtain financing, negotiate a deal, and manage a multi-family investment. The accounting, tax, and legal aspects of being a landlord are part of the discussion.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/investing-in-residential-multi-family-real-estate-2020/
Commercial Leases, Their Provisions and Pitfalls to Avoid (Series: Real Estat...Financial Poise
Like any other contract, the provisions of a commercial lease are negotiable. Yet, like so many contracts, commercial leases can be confusing to anyone who does not negotiate them for a living. This webinar explains many of the common provisions in a typical commercial lease (e.g. competition clauses, destruction/condemnation provisions, enforcement provisions, escalation clauses, purchase and renewal options, subletting and assignment provisions, use provision- just to name some examples) and discusses what is “market” with respect to them.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/commercial-leases-their-provisions-and-pitfalls-to-avoid-2020/
REAL ESTATE LAW DUMBED DOWN 2022 - Representing the Commercial LandlordFinancial Poise
The process of representing a commercial landlord in a lease transaction is multi-faceted. While generation of cash flow is the ultimate goal, there are other very important goals. These include minimizing risk, preserving the asset, enhancing the property and about a multitude of other issues.
This webinar provides powerful ammunition for both landlord reps and tenant reps to have in their arsenal. It focuses on the major concerns of real estate professionals in advising a landlord. When should the landlord insist on the language in the lease, and when should the landlord consider a concession or compromise? What is the role of the local real estate market in this analysis and why is it so important? After participating in this webinar, one will have a solid grasp of what commercial landlords need and why.
Part of the webinar series:
REAL ESTATE LAW DUMBED DOWN 2022
See more at https://www.financialpoise.com/webinars/
Investing in Commercial Property (Series: Real Estate Investing 101 - 2020) Financial Poise
Before taking the plunge into commercial real estate investing, one should have a clear understanding of how to select the right location, preferred type and class of property, what due diligence to do, how to secure financing, how to negotiate a deal, and how to manage the property going forward as a commercial landlord. This Financial Poise panel explains the process from looking for the investment, to contract, to closing, and beyond.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/investing-in-commercial-property-2020/
Before taking the plunge into commercial real estate investing, one should have a clear understanding of how to select the right location, preferred type and class of property, what due diligence to do, how to secure financing, how to negotiate a deal, and how to manage the property going forward as a commercial landlord. This Financial Poise panel explains the process from looking for the investment, to contract, to closing, and beyond.
Part of the webinar series: REAL ESTATE INVESTING 101 - 2022
See more at https://www.financialpoise.com/webinars/
Investing in Residential & Multi-Family Real Estate (Series: Real Estate Inve...Financial Poise
Apartment buildings and other residential and multi-family housing can provide a stable income to an investor. This Financial Poise webinar discusses some of the pros and cons of being a landlord. It provides a basic overview about how to find and assess opportunities, obtain financing, negotiate a deal, and manage a multi-family investment. The accounting, tax, and legal aspects of being a landlord are part of the discussion.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/investing-in-residential-multi-family-real-estate-2020/
Negotiating the terms of a buy/sell agreement (i.e. an M&A transaction) requires both knowledge of the law and the “market.” This webinar involves the panelists engaging in mock negotiations of a variety of deal points which commonly arise in M&A transactions. Listen in as buyer’s and seller’s counsel haggle over representations, warranties, indemnification, purchase price payment mechanisms, and a host of other hotly negotiated terms.
Part of the webinar series: M&A BOOT CAMP 2021
See more at https://www.financialpoise.com/webinars/
What New and Small Businesses Need to Know: Contracts and Agreementslerchearly
This was the fourth in a series of online events co-presented by Lerch, Early & Brewer and the Innovation Station Business Incubator Powered by the Prince George's County Economic Development Corporation.
No two chapter 11 cases are alike and no two chapter 11 cases involving a retail business are alike. There are, nonetheless, certain issues that tend to arise in most retail cases. Among them: the retention of a liquidation firm; lease assumption and rejection; the claim priority of rent during a month that straddles the Petition Date or a rejection date; and consumer deposit issues. This webinar addresses such issues.
Part of the webinar series: CHAPTER 11- INDUSTRY FOCUS 2022
See more at https://www.financialpoise.com/webinars/
The Commercial Landlord's Perspective (Series: Real Estate Leasing Dumbed Down)Financial Poise
The process of representing a commercial landlord in a lease transaction is multi-faceted. While generation of cash flow is ultimate goal, there are other very important goals. These include minimizing risk, preserving the asset, enhancing the property and about a multitude of other issues.
This webinar focuses on the major concerns of real estate professionals in advising a landlord. When should the landlord insist on the language in the lease, and when should the landlord consider a concession or compromise? What is the role of the local real estate market in this analysis and why is it so important? After participating in this webinar, one will have a solid grasp of what commercial landlords need and why.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/commercial-landlords-perspective-2019/
13 Key Considerations to Evict a TenantMatt Angerer
So you found yourself a squatter, huh? Your dream of owning rental properties turned into a small nightmare. Well, it's time to get rid of that tenant! VerticalRent has your back. We've researched and documented 13 key consideration to evicting that tenant. Get to work!
Best Known as a real estate agent, Boris Gantsevich assists clients to achieve real estate desires. He delivers important knowledge to clients about real estate market and properties. Whether you are buying or selling he guides his clients through the process.
Although every deal is different, understanding any purchase/sale agreement will help you understand other purchase sale agreements. Stated another way, most M&A documents include a similar set of sections and use a similar vocabulary. This episode explains specific, common provisions and discusses how buyers and sellers approach these provisions differently, particularly in light of situational differences (e.g. whether the assets being bought and sold are equity of a company or the assets of a company; whether the seller is going to cease to exists or not). Topics covered will include tax issues; corporate governance; closing conditions; representations and warranties; indemnification provisions; earn-outs; restrictive covenants; antitrust; intellectual property; and employment issues.
Part of the webinar series:
M&A BOOT CAMP - 2022
See more at https://www.financialpoise.com/webinars/
This is the presentation deck from Real Estate Investing 101: Leasing, PeerRealty's third in a series of on-demand educational videos. In this series, PeerRealty Head of Investments Jeff Rothbart takes viewers through the fundamentals of real estate investing, and discusses some of the key metrics that real estate investors should consider. This Leasing course discusses how commercial real estate leases are structured, and discuss which lease provisions real estate investors should be aware of.
You can view this webinar at http://resources.peerrealty.com/real-estate-investing-101-leasing
Our Buyers Guide to Contractor Mortgages helps to explain the whole process surrounding buying a house when you are a contractor. The slide show is broken down into specific sections detailing; 1. Why Contractors find it difficult to get a mortgage with High St lenders 2. First time buyers 3. Remortgaging 4. Buy to let for Contractors 5. Help to Buy for Contractors 6. What Mortgages are available 7. How much a Contractor can borrow and 8. The overall mortgage process explained.
Key Provisions in M&A Agreements (Series: M&A Boot Camp)Financial Poise
Although every deal is different, understanding any purchase/sale agreement will help you understand other purchase sale agreements. Stated another way, most M&A documents include a similar set of sections and use a similar vocabulary. This episode explains specific, common provisions and discusses how buyers and sellers approach these provisions differently, particularly in light of situational differences (e.g. whether the assets being bought and sold are equity of a company or the assets of a company; whether the seller is going to cease to exists or not). Topics covered will include tax issues; corporate governance; closing conditions; representations and warranties; indemnification provisions; earn-outs; restrictive covenants; antitrust; intellectual property; and employment issues.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/key-provisions-in-ma-agreements-2021/
Commercial landlords may encounter situations where a tenant’s rent payment is due and there is no sign of the check. Weeks may pass without any indication of whether rent will be paid.
Representing Asset Purchasers in Bankruptcy (Series: Bankruptcy Transactions:...Financial Poise
Representing an asset purchaser in a bankruptcy proceeding presents unique benefits and challenges for a professional business advisor. Companies considering acquiring assets out of bankruptcy must understand more than the simple concept of acquiring the target assets “free and clear,” under the bankruptcy code. As such, professionals advising these companies must understand and be able to counsel their clients regarding various matters, such as the benefits and drawbacks of serving as a “stalking horse,” asset purchaser; drafting and negotiating the terms of an asset purchase agreement and sale order with the bankrupt debtor and other parties involved in the bankruptcy proceedings; strategies for acquiring assets at auction or by alternative means; and seeking bankruptcy court approval of a proposed transaction. This webinar focuses on understanding these concepts and addressing best practices for advanced reorganization practitioners and advisors.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/representing-asset-purchasers-in-bankruptcy-2020/
IP-301 POST-GRANT REVIEW TRIALS 2022 - Things to Consider Before You FileFinancial Poise
This segment will delve into considerations that come into play when filing or responding to post-grant review proceedings. These considerations include issues of real party in interest, timing, and substantive arguments.
Part of the webinar series: IP-301 POST-GRANT REVIEW TRIALS 2022
See more at https://www.financialpoise.com/webinars/
This segment will discuss the statutory and procedural background of post-grant review proceedings. It will discuss the types of proceedings available and provide a high-level discussion of how the proceedings are conducted.
Part of the webinar series:
IP-301 POST-GRANT REVIEW TRIALS 2022
See more at https://www.financialpoise.com/webinars/
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To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/commercial-landlords-perspective-2019/
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So you found yourself a squatter, huh? Your dream of owning rental properties turned into a small nightmare. Well, it's time to get rid of that tenant! VerticalRent has your back. We've researched and documented 13 key consideration to evicting that tenant. Get to work!
Best Known as a real estate agent, Boris Gantsevich assists clients to achieve real estate desires. He delivers important knowledge to clients about real estate market and properties. Whether you are buying or selling he guides his clients through the process.
Although every deal is different, understanding any purchase/sale agreement will help you understand other purchase sale agreements. Stated another way, most M&A documents include a similar set of sections and use a similar vocabulary. This episode explains specific, common provisions and discusses how buyers and sellers approach these provisions differently, particularly in light of situational differences (e.g. whether the assets being bought and sold are equity of a company or the assets of a company; whether the seller is going to cease to exists or not). Topics covered will include tax issues; corporate governance; closing conditions; representations and warranties; indemnification provisions; earn-outs; restrictive covenants; antitrust; intellectual property; and employment issues.
Part of the webinar series:
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See more at https://www.financialpoise.com/webinars/
This is the presentation deck from Real Estate Investing 101: Leasing, PeerRealty's third in a series of on-demand educational videos. In this series, PeerRealty Head of Investments Jeff Rothbart takes viewers through the fundamentals of real estate investing, and discusses some of the key metrics that real estate investors should consider. This Leasing course discusses how commercial real estate leases are structured, and discuss which lease provisions real estate investors should be aware of.
You can view this webinar at http://resources.peerrealty.com/real-estate-investing-101-leasing
Our Buyers Guide to Contractor Mortgages helps to explain the whole process surrounding buying a house when you are a contractor. The slide show is broken down into specific sections detailing; 1. Why Contractors find it difficult to get a mortgage with High St lenders 2. First time buyers 3. Remortgaging 4. Buy to let for Contractors 5. Help to Buy for Contractors 6. What Mortgages are available 7. How much a Contractor can borrow and 8. The overall mortgage process explained.
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Although every deal is different, understanding any purchase/sale agreement will help you understand other purchase sale agreements. Stated another way, most M&A documents include a similar set of sections and use a similar vocabulary. This episode explains specific, common provisions and discusses how buyers and sellers approach these provisions differently, particularly in light of situational differences (e.g. whether the assets being bought and sold are equity of a company or the assets of a company; whether the seller is going to cease to exists or not). Topics covered will include tax issues; corporate governance; closing conditions; representations and warranties; indemnification provisions; earn-outs; restrictive covenants; antitrust; intellectual property; and employment issues.
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Representing an asset purchaser in a bankruptcy proceeding presents unique benefits and challenges for a professional business advisor. Companies considering acquiring assets out of bankruptcy must understand more than the simple concept of acquiring the target assets “free and clear,” under the bankruptcy code. As such, professionals advising these companies must understand and be able to counsel their clients regarding various matters, such as the benefits and drawbacks of serving as a “stalking horse,” asset purchaser; drafting and negotiating the terms of an asset purchase agreement and sale order with the bankrupt debtor and other parties involved in the bankruptcy proceedings; strategies for acquiring assets at auction or by alternative means; and seeking bankruptcy court approval of a proposed transaction. This webinar focuses on understanding these concepts and addressing best practices for advanced reorganization practitioners and advisors.
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This segment will delve into considerations that come into play when filing or responding to post-grant review proceedings. These considerations include issues of real party in interest, timing, and substantive arguments.
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Part of the webinar series: RESTRUCTURING, INSOLVENCY & TROUBLED COMPANIES 2022
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Part of the webinar series: NEWBIE LITIGATOR SCHOOL - 101 Part 3 2022
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Part of the webinar series: NEWBIE LITIGATOR SCHOOL - 101 Part 3 2022
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Part of the webinar series: CHAPTER 11 - INDUSTRY FOCUS 2022
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The Securities and Exchange Commission has been entrusted with a significant corporate compliance regulatory function, which has been expanded by seminal legislation in the recent past such as the Sarbanes-Oxley (“SOX”) and Dodd-Frank Acts. This webinar discusses board fiduciary duties and the tension between state corporate law standards and federal law. Board composition, independence, structure and processes (including best practices in regard to committees) are analyzed. Specifically, director independence is discussed as is audit committees and related requirements, regulations and exemptions. NASDAQ and the NYSE also have similar requirements for director independence and those are also discussed. The webinar also covers disclosure matters related to SOX compliance, including timing and content of an issuer's periodic disclosures. Both the legal requirements and best practices related to disclosure procedures and internal controls under SOX are examined. Means of controlling the costs of SOX, especially for smaller public companies, are also discussed, including trends in the industry related to high regulatory compliance costs. Finally, the applicability and best practices for privately held companies and SOX are considered.
Part of the webinar series: CORPORATE REGULATORY COMPLIANCE BOOT CAMP 2022 - PART 2
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The deal is complete, and the parties have finished the hard work. Or have they? Integration planning turns to execution as people, process, and technology are combined once the deal is legally closed. The buyer will need to consider the purchased business or assets from the standpoint of employees, IT, customers, suppliers, and a multitude of other areas. In addition, numerous post-closing legal issues may arise, including purchase price adjustments, breaches of representations and warranties, enforcement of key negative employment-related covenants and restrictive covenants, collection of pre-closing accounts receivable, and true-ups of final financials. This episode guides listeners through the process, timing, and issues which most commonly arise after the closing of deals.
Part of the webinar series:
M&A BOOT CAMP - 2022
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Buying, selling, or merging a company typically follows a similar set of steps from deal to deal. The amount of time each step takes varies but the order of the steps is fairly uniform because the steps follow a certain logic: before the parties share meaningful information, they should sign a confidentiality agreement (a/k/a “non-disclosure agreement,” or “NDA”); once a baseline amount of information is known by the would-be buyer, it commonly presents a letter of intent or term sheet to the target or its owner, which serves as an outline for a deal but does not necessarily bind the parties to consummate the transaction; additional due diligence and the negotiation, drafting and signing of definitive documents comes next. The parties then obtain any needed regulatory and/or contractual third party approvals; followed by closing; and finally by post-closing tasks. This webinar will discuss all these steps from a macro perspective so that you can see the forest for the trees, but does not do a deep dive into any single topic. Think of this webinar as a road map or timeline for a typical deal.
Part of the webinar series:
M&A BOOT CAMP - 2022
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CROWDFUNDING 2022 - Crowdfunding from the Investor's PerspectiveFinancial Poise
This webinar focuses on the opportunities that crowdfunding makes available to the investor, and how the investor should go about navigating this new world. We begin with a basic overview of the new regulatory regime, the requirements to invest, and the on-boarding process one should expect. We then dive deeper into the market opportunity, including how to access and select investments, and expectations investors should set for themselves and the projects they select. This is not intended to support any specific deal selection, but instead sheds a light upon the basic selection criteria available, the method to go about investing and what to avoid.
Part of the webinar series: Crowdfunding 2022
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CROWDFUNDING 2022 - Securities Crowdfunding for IntermediariesFinancial Poise
This webinar addresses crowdfunding portals and intermediaries. This episode begins with a basic overview of the various methods of crowdfunding, from donation and rewards based, to intra-state equity, debt, and finally securities based crowdfunding under Titles II, III and IV of the JOBS Act. Once those differences are understood, the webinar focuses on the need for intermediaries, the role that they can and sometimes must play, followed by a discussion on how the market has matured and where we see the market going in the online capital space. This webinar also discusses the risks and future of these intermediaries with the advent of the ICO and token distribution events.
Part of the webinar series: Crowdfunding 2022
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The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
For more information, visit-www.vavaclasses.com
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdfTechSoup
In this webinar you will learn how your organization can access TechSoup's wide variety of product discount and donation programs. From hardware to software, we'll give you a tour of the tools available to help your nonprofit with productivity, collaboration, financial management, donor tracking, security, and more.
Macroeconomics- Movie Location
This will be used as part of your Personal Professional Portfolio once graded.
Objective:
Prepare a presentation or a paper using research, basic comparative analysis, data organization and application of economic information. You will make an informed assessment of an economic climate outside of the United States to accomplish an entertainment industry objective.
How to Make a Field invisible in Odoo 17Celine George
It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
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2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
4. Disclaimer
The material in this webinar is for informational purposes only. It should not be considered
legal, financial or other professional advice. You should consult with an attorney or other
appropriate professional to determine what may be best for your individual needs. While
Financial Poise™ takes reasonable steps to ensure that information it publishes is accurate,
Financial Poise™ makes no guaranty in this regard.
4
5. Meet the Faculty
MODERATOR:
Eric Hampton – Rudolph Kaplan LLC
PANELISTS:
Howard Kline – The Law Offices of Howard F. Kline
Scott A. Weinstein – Field and Goldberg, LLC
5
6. About This Webinar – Representing the Commercial
Tenant
A commercial tenant views a lease negotiation quite differently than does the landlord. As
most leases tend to be drafted by the landlord, a tenant must begin an uphill battle to gain as
many concessions as possible. This is an arduous task made easier by a full understanding
of what are the most important issues for a tenant in a commercial lease transaction.
How does the financial profile of the tenant enter into the picture? Where can a tenant get hurt
the most by hidden costs or unforeseen expenses? Why is “leverage” the most important
concept to consider in this process? This webinar will help one understand how the tenant,
generally the underdog in lease transactions, can turn the tables and become the most
powerful player in the leasing game.
6
7. About This Series – Real Estate Law Dumbed Down – 101
2022
Commercial real estate is one of the most understandable of investments. We live and work within real estate. It is tangible. One can see it.
Yet, underneath this veneer of simplicity there are many legal and practical issues to consider. And these issues are impacted by the market
and the leverage of the parties, both of which are moving targets.
This webinar series is for the lawyer, broker, investor, syndicator, developer and others who seek a basic understanding of the essential
elements of real estate law. This series spans purchase through sale and covers all of the high points in between.
Purchasing real estate presents a number of threshold questions. Should a real estate investor use his or her own money, or seek
investors? What type of investment legal structure makes the most sense and why? When one is in the process of acquiring a property, what
are the most important items to inspect? What if the buyer finds a big problem? When one wishes to sell a real estate investment, how much
is the right price? What is the value and how is it determined? At its base, commercial real estate is all about cash flow. What makes this
possible is the commercial lease. Yet a lease creates a long-term relationship between a landlord and a tenant who have diametrically
opposing goals. How does one navigate through the minefield of legal issues in a lease and end up with a contract that both sides can live
with for years to come?
Each Financial Poise Webinar is delivered in Plain English, understandable to investors, business owners, and executives without much
background in these areas, yet is of primary value to attorneys, accountants, and other seasoned professionals. Each episode brings you
into engaging, sometimes humorous, conversations designed to entertain as it teaches. Each episode in the series is designed to be viewed
independently of the other episodes so that participants will enhance their knowledge of this area whether they attend one, some, or all
episodes.
7
8. Episodes in this Series
#1: Representing the Commercial Landlord
Premiere date: 8/30/22
#2: Representing the Commercial Tenant
Premiere date: 9/27/22
#3: Basics of Real Estate Syndication
Premiere date: 10/25/22
#4: Due Diligence in Real Estate Deals
Premiere date: 12/6/22
8
10. Commercial Leasing Overview
• General pillars for commercial tenants:
a. Maximize profit/value of the business
b. Reduce the cost of overhead
c. Shifting burden of risk as much as possible
d. Location, location
10
11. Commercial Leasing Overview (cont’d)
• Important lease terms
a. Use
b. Base rent
c. Additional rent
d. Security deposits, letters of credit, and guarantees
e. Repairs/Alterations
f. Insurance
g. Casualty
h. Assignment/Subleasing
i. Surrender of premises
j. Bankruptcy/Insolvency
11
12. Commercial Leasing Overview (cont’d)
• Drafting and Negotiating
a. Ensure that your lease protects you from likely and unlikely situations (e.g., default,
loss, recessions, even pandemics)
b. The Landlord likely drafted the lease, so make sure the lease is as balanced as
possible.
c. Term length(s), exercisable options, and “out” provisions can be used a leverage by
the tenant
12
13. Commercial Leasing Overview (cont’d)
• Minimizing risk
a. Who holds most of the risk in the lease?
• Preserving your company
a. Do not let the lease impact your business model – litigation, evictions, or judgments
can impact the reputation and future of your business
13
14. Types of Leases/Tenants
• Single tenant v. Multi-tenant
• Single Net, Double Net, and Triple Net Lease
• Gross lease
• Modified Gross lease
• Percentage Rent
14
15. Types of Leases/Tenants (cont’d)
• Retail
o Exclusivity, co-tenancy, percentage rent, going dark. Larger tenants often have
leverage to impose on landlords.
• Office
o Relocation provisions are important to allow landlord flexibility; operating expenses,
must be sure that all such expenses are covered and uniform.
• Industrial
o Permits and use are often necessary and must be addressed; hazardous materials
and equipment must also be carefully considered.
15
16. Lease Specifics
• Common Area Maintenance (CAM) Expenses
o Usually includes operating expenses, such as taxes, insurance, maintenance
o Should be proportional to the leased space
▪ Should not cover areas that are paid for by other tenants
▪ Review the landlord’s expenses to make sure everything is accounted for and not
double billed
16
17. Lease Specifics (cont’d)
• Assignment/subletting
o Is the tenant considering subleasing a portion of the space? If so, make sure that is an
option and negotiate it in the lease.
▪ Who remains liable to the landlord under the assignment/sublease?
17
18. Lease Specifics (cont’d)
• Exclusivity, permitted uses & use clauses
• Recapture rights
o Allows the landlord to terminate a lease and retain possession of the property.
• Insurance
o All parties need coverage
o Limits – can and should be specified in lease to ensure adequate protection
o Named insured v. Additional insured
18
19. Lease Specifics (cont’d)
• Relocation
o In a larger building, the landlord may have the flexibility to move a tenant to another
comparable space in the building to utilize the rentable space in as efficiently as
possible.
• Surrender
o The terms of the surrender of possession after the lease term (e.g., condition of
property, equipment to take/leave, return of security deposit, etc.)
• Holdover
o Penalties for a tenant remaining in possession after lease term if not otherwise agreed
by both parties.
19
20. Subordination, Non-Disturbance and Attornment
Agreement (SNDA)
• Agreement between tenant and lender of landlord
• 3 parts:
o Subordination
▪ Tenant agrees to subordinate its interest in the property to the lender.
o Non-Disturbance
▪ In the event the landlord defaults on a loan and the lender forecloses on the
property, they will still be able to operate in the leased premises for the remainder
of the lease term under the new landlord
o Attornment
▪ In the event of foreclosure, the tenant agrees that the lender will be its new
landlord.
20
21. Subordination, Non-Disturbance and Attornment
Agreement (SNDA) (cont’d)
• Negotiating an SNDA
o Leverage typically shifts depending on if negotiated before or after lease execution.
• Issues
o 3 parties with competing interests in 1 asset
o New landlords generally do not like being responsible for previous landlord’s
obligations
21
22. Lease Default
• Security Deposit
o Factors to consider: the tenant’s financials and projections, historical track record, type
of tenancy, length of lease, and type of guaranty
• Letter of credit
o Guaranteed payment to the landlord in the event the tenant does not make the lease
payments
22
23. Lease Default (cont’d)
• Guaranty
o Straight Guaranty
▪ Personal guaranty – typically a manager or director of the company will
“guarantee” that it will pay the debts if the company cannot.
▪ Landlords will want to include in the guaranty that landlord has the option to sue or
collect against either the tenant or guarantee upon a delinquent debt before
pursuing the tenant first.
o Good Guy Guaranty
▪ Allows one or more guarantors to be held personally responsible for timely rent
and other payments to the landlord, as long as the tenant remains in possession
of the property.
23
24. Remedies
• In the event of a default under the lease:
o Termination of the lease
o Acceleration
▪ Require the full amount of rent remaining on the lease due and owing upon an
event of default.
o Possession
• Eviction/Lawsuit
o It is best practice to include a landlord friendly attorney fee recovery provision, or at
the very least, a fee shifting provision in which the non-prevailing party has to pay the
reasonable attorneys’ fees of the prevailing party.
• Statutory remedies vary by state
24
25. Tenant Considerations
• Tenant improvements
o What can tenant modify about the premises?
o Does landlord allow for an “allowance” for tenant to make improvements?
• Tenant concessions
o Usually identified in the LOI or term sheet
• Third Parties
o Lenders
o Associations (shopping malls, mixed-use buildings)
25
26. Insolvency
• Awareness
o Bankruptcy is allows a possibility and one that frequently favors the tenant
• Prepare
o Where possible, negotiate protections before executing lease
▪ Is there Furniture, Fixtures, and Equipment (FF&E) for collateral?
▪ Does a lender already have a security interest in the tenant’s assets?
• Predict
o There is great value for the landlord to negotiate with the tenant if the tenant becomes
insolvent – bankruptcy favors the tenant and the landlord likely does not want to be
stuck in bankruptcy.
26
27. Intangible Considerations
• Negotiate and act in good faith
o The landlord may not be require to agree to a tenant’s lease renewal.
o A tenant with an unfavorable reputation is not well received.
• A lease is a symbiotic relationship – be aware of who you are working with.
27
28. Being the Tenant
• Commercial tenants are currently dealing with unprecedented issues
o Post-Covid-19 landlords, many of whom are low on cash
o Remote/hybrid workforce
▪ Less foot traffic for retail
o High inflation
o Fluctuating economy
28
29. Being the Tenant (cont’d)
• Check your state law – some states (like Texas) provide for a landlord favorable lien on
property for unpaid rent.
o In Texas, a commercial landlord has a preference lien during each lease year on the
tenant’s property in the property for past and future rent due.
o If the tenant does not pay, the landlord can foreclose on that lien.
29
30. Sale of the Property During Tenancy
• The Agreement of Purchase and Sale must discuss the lease/tenant
o Ensure the new owner will work with the tenant.
o Ensure the tenant is not breaching its obligations under the lease while in this process.
• Estoppel certificate:
o A statement from tenant that a commercial lease exists, that specific facts of the
agreement are valid, there are no current defaults, and that the tenant agrees to pay
rent to the landlord.
o In short, it outlines the nature of the relationship between the landlord and tenant and
future assurances.
30
31. Bankruptcy Considerations and Situations
• The nuclear option is for a tenant to file bankruptcy
o Chapter 7 (liquidation) or Chapter 11 (restructuring)
▪ Recently Sub-Chapter V of Chapter 11 was passed into law that provides another
restructuring option for smaller businesses
o If the tenant cannot pay its debts (including rent) and negotiation is ineffective,
bankruptcy can be an option.
o As a prudent tenant, one should have, at a minimum, a basic understanding of the
bankruptcy process.
31
32. The Power of Bankruptcy
• Not only does the tenant have substantial leverage in bankruptcy, but it can assume the
lease terms as part of its restructuring process.
o Assume or reject the lease
▪ Once under the protection of the bankruptcy court, the tenant is given the option to
reject or assume certain contracts, such as unexpired leases.
▪ If assumed, the lease remains effect, even if the tenant has defaulted under the
lease, as long as the default is cured, or adequate assurances is provided.
▪ If rejected, the tenant can walk away and is relieved from future obligations under
the lease.
• If the tenant assumes the lease, the landlord should monitor the tenant’s compliance with
the lease. If the tenant breaches the lease after filing for bankruptcy, the landlord may
want to seek relief from the automatic stay to terminate the lease.
• To avoid bankruptcy, out-of-court restructurings and work outs may be an alternative.
32
34. About The Faculty
Eric Hampton – ehampton@rudolphkaplan.com
Eric Hampton is an associate attorney with Rudolph Kaplan, LLC and focuses his practice on
commercial and residential real estate litigation and related transactional matters. Eric has
experience representing a variety of entities and individuals in all stages of commercial
litigation and construction law cases. Eric received his Bachelor of Arts degree from Kansas
State University. Eric earned his Juris Doctorate degree from The University of Iowa College
of Law in 2018, where he was a writer on the Journal of Corporation Law and worked in the
Clinical Law Program. During the summer following his second year of law school, Eric
worked as a summer associate at a boutique corporate restructuring law firm in Chicago. Eric
is admitted to practice law in the State of Illinois and the Northern District of Illinois.
34
35. About The Faculty
Howard Kline - howard@hfklaw.com
Howard has been involved in commercial real estate for over 39 years now as both an attorney,
broker, arbitrator and now radio show host and founder of CRE Radio & TV, since December 2010.
Over the years, I have worked in-house as General Counsel and Director of Real Estate for a
national user of office, R &D and retail space, utilizing both my legal and brokerage licenses, General
Counsel for a major regional supermarket chain that owned its own shopping centers. As an
attorney, I have also practiced law as outside counsel to many major commercial landlords doing
lease transactional work and lease litigation, including unlawful detainers and rent collections. As a
real estate salesperson, I have served as a tenant rep in New York City and as a broker for
numerous lease transactions throughout the United States.
While I continue to practice law on behalf of commercial landlord’s and tenants, my passion has
become the radio show. It is incredibly fulfilling to inspire others to improve themselves and reach for
the stars.
35
36. About The Faculty
Scott A. Weinstein - sweinstein@fieldandgoldberg.com
Scott A. Weinstein comes to the Field and Goldberg, LLC having developed a broad-based background in
commercial real estate. Mr. Weinstein’s experience includes working with a fortune 500 company where he
handled transaction financing and deal structures. Having served as president, counsel and co-owner of a
successful real estate title company, Mr. Weinstein brings a unique perspective and understanding of the daily
and ongoing business issues clients face and is able to provide practical and proactive counsel.
Mr. Weinstein regularly represents commercial real estate clients in all aspects of commercial transactions
including lease negotiations for landlords and tenants (including franchisees) nationwide on retail, office and
industrial leases; acquisitions and sales of office, industrial and multi-family apartment buildings, and shopping
centers; financing; and condominium deconversions.
Admitted to practice in the State of Illinois and the U.S. District, Northern District of Illinois, Florida and New
York, Mr. Weinstein received his Juris Doctor degree from Temple University Beasley School of Law and his
Bachelor’s degree from the University of Maryland at College Park.
36
37. Questions or Comments?
If you have any questions about this webinar that you did not get to ask during the live
premiere, or if you are watching this webinar On Demand, please do not hesitate to email us
at info@financialpoise.com with any questions or comments you may have. Please include
the name of the webinar in your email and we will do our best to provide a timely response.
IMPORTANT NOTE: The material in this presentation is for general educational purposes
only. It has been prepared primarily for attorneys and accountants for use in the pursuit of
their continuing legal education and continuing professional education.
37
40. About Financial Poise
40
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