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The New Normal?
June 30, 2021

This is the news we’ve been waiting for but have been a bit reticent to say out loud: the rebound of real estate finance is upon us.

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Special Counsel | Real Estate

The Appellate Division of the Fourth Department of the Supreme Court of New York recently reviewed a claim that a right of first refusal (ROFR) was void, in part, because it violated the rule against perpetuities.

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Associate | Real Estate

Negative pledges are contractual constructs widely used in many financings − from simple mortgage loans to complex, large-scale real estate financing transactions − and, as a result, are often taken as a market standard inclusion in finance documents. That said, why do lenders insist we have them? Why are they necessary even in secured financings where the lender has the benefit of first ranking security? Why do lenders insist that they feature in the security documents even though the loan agreement has them? This article seeks to provide a wider understanding of negative pledges' existence and purpose.

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Special Counsel | Financial Restructuring
Senior Counsel | Financial Restructuring

Springing Members are a tool that a structured finance Lender can use to reduce the risk that a Borrower will dissolve under state law. Under most state laws, an LLC that does not have at least one member will dissolve. The risks of a state law dissolution proceeding are similar to those of a bankruptcy, and typically involve the liquidation of the LLC’s assets and the distribution of proceeds in accordance with the LLC Agreement.

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Cadwalader’s Real Estate Finance team finalized the two biggest transactions in the CMBS markets in recent weeks.

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Here is a rundown of some of Cadwalader's recent work on behalf of our clients.

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Key Contacts

Steven M. Herman
Senior Counsel
T. +1 212 504 6054
steven.herman@cwt.com

Fredric L. Altschuler
Senior Counsel
T. +1 212 504 6525
fredric.altschuler@cwt.com

Nicholas E. Brandfon
Partner
T. +1 212 504 6039
nicholas.brandfon@cwt.com

Holly Marcille Chamberlain
Partner
T. +1 704 348 5121
holly.chamberlain@cwt.com

Christopher J. Dickson
Partner
T. +1 704 348 5159
christopher.dickson@cwt.com

Melissa C. Hinkle
Partner
T. +1 212 504 6972
melissa.hinkle@cwt.com

Alan W. Lawrence
Partner
T. +1 212 504 6332
alan.lawrence@cwt.com

Bonnie A. Neuman
Partner
T. +1 212 504 5625
bonnie.neuman@cwt.com

Matthew Robertson
Partner
T. +1 704 348 5257
matthew.robertson@cwt.com

Kevin Sholette
Partner
T. +1 704 348 5311
kevin.sholette@cwt.com

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