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Are Your Leases Killing Your Sales/Loans?Practical Tips on Estoppels and SNDAsDate: Wednesday, July 30, 2008Format: Teleconference and Live Audio WebcastDuration: 90 minutes |
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Sponsors: |
The American Bar Association Section of Real Property, Trust and Estate Law and the ABA Center for Continuing Legal Education |
1:00 PM-2:30 PM Eastern |
12:00 PM-1:30 PM Central |
11:00 AM-12:30 PM Mountain |
10:00 AM-11:30 AM Pacific |
Program Description
Many landlords/owners fail to recognize how important properly drafted leases can be when the time comes to sell or refinance their commercial rental properties. Well-drafted leases can serve not only to facilitate a smooth sale process, but also to increase (or at least preserve) the property’s sale price. The program will explore these issues, with a focus on estoppels and SNDAs -- two documents that are crucial to a sale or loan, but that are often overlooked in lease negotiations. The panel will also discuss other lease provisions that can be critical in a sale/loan context, including landlord liability limitation, termination rights, and mortgagee protection clauses.
Topics to be covered include:
- What are the purposes of estoppel certificates and SNDAs?
- Why are these documents important for buyers and lenders?
- What should landlords/owners be doing at the lease negotiation stage to facilitate future sales and loans?
- How can tenants protect themselves when they are asked to sign "standard form" estoppels and SNDAs?
- What should tenants be looking out for at the lease negotiation stage?
- What are the most common sticking points among the parties and what practical solutions can be reached?
- What other provisions in a lease might affect, positively or negatively, a sale or loan transaction?
- How do these issues change in the context of a sale of a ground lease interest, and what other issues might come into play?
Program Faculty
Marie A. Moore (Moderator), Member, Sher Garner Cahill Richter Klein & Hilbert, LLC, New Orleans, LA
Scott W. Dibbs, Shareholder, Hill Ward Henderson, Tampa, FL
Jon F. Leyens, Jr., Partner, The Steeg Law Firm, LLC, New Orleans, LA
Lila Shapiro-Cyr, Partner, Ballard Spahr Andrews & Ingersoll, LLP, Baltimore, MD
Patrick T. Sharkey, Partner, Jackson Walker, LLP, Houston, TX
CLE Credit
1.5 hours of CLE credit in 60-minute states/1.8 hours of CLE credit in 50-minute states have been requested in states accrediting ABA teleconferences and live audio webcasts.*
NY-licensed attorneys: This non-transitional CLE program has been approved for experienced NY-licensed attorneys in accordance with the requirements of the New York State CLE Board for 1.5 total NY CLE credits.
The following states accept ABA teleconferences for CLE credit:
AL, AK, AR, AZ, CA, CO, FL, GA, IA, ID, IL, KY, LA, ME, MN, MO, MS, MT, NC, ND, NH, NM, NV, NY, OK, OR, RI, SC, TN, TX, UT, VA, VI, VT, WA, WI, WV, WY.
*States currently not accrediting ABA teleconferences: DE, IN, PA, KS, OH
Registration Options
800.285.2221
Monday - Friday
8:30 AM - 6:30 PM Eastern
Event Code: CET8AYL
Source Code: TCE8IAYL1
Tuition
$85 Section of Real Property, Trust and Estate Law Members
$150 ABA Members
$175 General Public
$60 Each additional registrant using the same phone line
All participants must register for the program.
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Purchase the Recording
Pre-order through the ABA Web Store or call 800.285.2221. Refer to product code CET08AYLC. Ready to ship approximately two weeks after the program.




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