Lenders are refreshing their mortgage loan documents with provisions based on the “lessons learned” during the recent (continuing?) economic experience.  One change is to add a service of process provision. The change is based on this basic lesson learned: when the tough times hit, borrowers and guarantors sometimes are hard to find. A few simply

A restructure of any commercial real estate investment (debt or equity) can be challenging.  As usual, the challenge is compounded by the amount of "structure" in the deal – from either or both of the debt or the equity positions.  

I’ve touched on structure from the lender or debt side (i.e., co-lenders, syndications, participations

Negotiation letters (some times referred to as "discussion letters") are put into place so that parties to a distressed investment can discuss possible resolutions to the situation – without the content of the discussions being "used" against any party.  (Link to a series of blogs on the content of this type of agreement.)


If you collateral is a green building, then a litany of unique issues and approaches come into play.

Recently I discussed this topic with Bill Weinberg – my green building expert.

Here are a few "high level" issues offered up by Bill to get our attention (prior blog) –

  • What is nature of

Negotiation agreements or discussion agreements are a fundamental building block, or (for some lenders) the starting line, for dealing with distressed debt and investments.  Typically, when a loan is in imminent default or actually in default, a workout, restructure or settlement of a loan will not get off the ground until this agreement is signed