Originally held on Wednesday, January 25, 2017 | 6 pm – 8 pm
Program Moderator
Jo-Ann H. Whitehorn
Deputy General Counsel and Vice President
TF Cornerstone, Inc.
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This program will explore key issues and case law developments and include model forms and clauses which will help new and experienced lawyers learn how to make better use of the common exhibits to commercial leases in NYC and beyond. Subordination, Estoppel, Non-Disturbance and Attornment Agreements (SNDAs), Guaranties (Good Guy and others), Work Letters and other key documents will be discussed. There can be significant financial and operational issues buried in these documents, which shape lease arrangements more than one might expect, given the scant attention they often receive. The goal of the presentation is to enable both the general practitioner and the more experienced real estate practitioner to advance their client’s interests through this often-neglected, but rich area of leasing.
DVDs & CDs: $199 Member | $299Nonmember
On-Demand: $149 Member| $249 Nonmember
Materials Only (No CLE Credit): $99 Member | $129 Nonmember* New York residents will be charged the New York sales tax for all audio visual purchases.
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James M. Carolan
Withers Bergman LLPEdward C. Kang
Edward C. Kang LLCJeffrey A. Margolis
The Margolis Law FirmJason T. Polevoy
Patterson Belknap Webb & Tyler LLP -
6:00 pm – 6:05 pm Introduction & Overview
Jo-Ann H. Whitehorn6:05 pm – 6:35 pm (Especially Good Guy) Guaranties
Jeffrey Margolis- Key Issues,market expectations, common pitfalls for landlords & tenants in guaranties, especially “good guy” guaranties.
6:35 pm – 7:05 pm Work Letters
James M. Carolan- An examination of the cost & risk allocations implicit in the design and construction provisions of work letters.
- What to spell-out, and what to leave to future elaboration.
- How to involve the construction and design professionals in the process.
7:05 pm – 7:20 pm SNDAs
Edward C. Kang- Issues for lenders, landlords & tenants raised by subordination, non-disturbance agreements and attornment agreements.
- Exploration of what is critical to each & why.
7:20 pm – 7:35 pm Letters of Credit & other Forms of Security
Jason T. Polevoy- Letters of credit & other forms of security are critical protection for landlords, but a large source of exposure for tenants.
- What are reasonable positions for both on issues such as the amount, form, burn down & triggers for recovery?
7:35 pm – 7:50 pm Miscellany: Estoppels, Memoranda of Lease, Commencement Date Letters, etc.
James M. Carolan- A look at some common ways to improve these agreements.
- A discussion of what they can & can’t do for the various parties.
7:50 pm – 8:00 pm Q&A Session
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This program provides 2.0 credits in skills for the New York & New Jersey MCLE requirements. California & Pennsylvania credit differs as it is based on a 60-minute credit hour. The live program provided transitional credit to newly admitted attorneys; the recording does not provide transitional credit.
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Sponsoring Association Committee
Real Property, Lesley C. Horton, ChairSponsorship Opportunities are Available! Please Contact:
Maricela Alfonso| Membership and CLE Relations Associate| (212) 382-6608 | MAlfonso@nycbar.org