Thursday, October 7, 2021
1:00 p.m. to 2:00 p.m. Eastern
12:00 p.m. to 1:00 p.m. Central
11:00 a.m. to 12:00 p.m. Mountain
10:00 a.m. to 11:00 a.m. Pacific

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Real estate developers face numerous pandemic-related challenges. In this webinar, we will discuss how developers are changing the terms of their loan agreements, construction contracts, and leases to meet those challenges. The panels’ personal experience negotiating those documents will provide a practical perspective of what you can reasonably expect to achieve. We will also highlight litigation trends and how courts have addressed key issues affecting your bottom line, including whether a tenant’s lack of business legally excuses it from paying rent. Topics include:

Litigation

  • Force majeure / impossibility / impracticability / frustration of purpose
  • Co-tenancy covenants

Real Estate Finance

  • Expanding project completion deadlines in loan agreements
  • Modifying cash management provisions
  • Non-performing loan observations

Construction 

  • Allocating the risk of COVID-19 delays and cost increases
  • Utilizing COVID-19 riders for change orders
  • Supply chain trends

Leasing

  • Revising force majeure clauses in leases
  • Rental abatement / cost sharing trends
  • Permitted use clause: countering an impossibility argument

Speakers

David Blake, Partner, Seyfarth Shaw LLP
James O’Brien, Partner, Seyfarth Shaw LLP
Daniel Evans, Partner, Seyfarth Shaw LLP
Mark Johnson, Partner, Seyfarth Shaw LLP

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