Structuring an Equity Investment in Real Estate - Audio Webcast
January 2016
Structuring an Equity Investment in Real Estate
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Program Description:
Strength in the real estate market has caused the balance of negotiating power (and expectations) of equity investors, developers and promoters to shift again. Investors eager to participate in certain transactions are somewhat more accommodating in accepting developer terms. Developers, sensing there’s more capital chasing deals, are somewhat more emboldened to press their terms. Thus, the form of ownership interest or profit participation by the investor and guarantees and/or preferential returns from the developer are very highly negotiated. Investors, mindful that the uptrend cannot continue forever, are still eager to secure their investments. This program will provide you with a detailed discussion of structuring and drafting an equity investment in real estate, including forms of profit participation, related security and guarantee issues, information and control rights, and withdrawal or sale rights.
- Structuring equity investments in real estate and drafting tips
- Forms and timing of initial investment – capital or land – and subsequent capital calls
- Preferential return of initial capital and preferred claim on profits
- Security interests, guarantees, and other default protection
- Relationship of form of equity interest to choice of entity in the deal
- Information rights, management rights, right to take control on certain events
- Withdrawal, sale or liquidation rights for the equity investor
Faculty:
Manuel A. Fernandez is partner in the Miami office of Akerman, LLP, where he has an extensive real estate practice representing commercial mortgage lenders, developers, and institutional and non-institutional investors in connection with the acquisition, development, financing, leasing and management of commercial and residential real estate assets and distressed real estate transactions. He also represents hedge funds, pension funds, and other real estate opportunity funds in connection with joint ventures. Mr. Fernandez received his B.A., cum laude, from the University of Miami and his J.D., magna cum laude, from the University of Miami School of Law.
Richard R. Goldberg is a retired partner, resident in the Philadelphia office of Ballard Spahr, LLP, where he established an extensive real estate practice, including development, financing, leasing, and acquisition. Earlier in his career, he served as vice president and associate general counsel of The Rouse Company for 23 years. He is past president of the American College of Real Estate Lawyers, past chair of the Anglo-American Real Property Institute, and past chair of the International Council of Shopping Centers Law Conference. Mr. Goldberg is currently a Fellow of the American College of Mortgage Attorneys and is a member of the American Law Institute. Mr. Goldberg received his B.A. from Pennsylvania State University and his LL.B. from the University of Maryland School of Law.
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ACCREDITATION INFORMATION:
Each Audio Webcast has been submitted for 1 (or 2) General CLE Credit(s). Courses with an Ethics Component have been submitted for Ethics Credits accordingly.
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Each program will run from 11:00 a.m. to 12:00 p.m. M.T. (60 minutes each).
Registration Fees
| Non Member | $69.00 |
| CBA Member | $49.00 |
| CBA Real Estate Law Section Member | $39.00 |
| CLEACCESSPASS---ELITE Pass Holders | $0.00 |
| New Lawyer Edge Member | $0.00 |
- General Credits: 1.00
- Ethics Credits: 0.00
- EDI Credits:
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Access Timely Topics and National Experts with CBA-CLE 1-Hour Audio Webcasts