May 16, 2017 | New York Law Journal
Enforcing Prepayment Premium ClausesIn their Financing column, Jeffrey B. Steiner and Jason R. Goldstein discuss how the prepayment of a loan in commercial real estate transactions may result in unanticipated economic consequences and write: Counsel representing lenders must take care when drafting provisions designed to protect their clients against the risks associated with prepayments by borrowers. For the broadest protection, such provisions should clearly and unambiguously call for the payment of a prepayment fee upon borrower's default and lender's acceleration of the loan, whether prepayment occurs before, after or during a foreclosure action.
By Jeffrey B. Steiner and Jason R. Goldstein
15 minute read
March 14, 2017 | New York Law Journal
Local Considerations in Jury Trial Waiver EnforcementIn their Financing column, Jeffrey B. Steiner and Jason R. Goldstein discuss the inclusion of pre-dispute jury waiver provisions in loan documents as a means to circumvent a trial by jury in commercial cases. They use a recent California case, 'Rincon v. CP III Rincon Towers,' to highlight the issue.
By Jeffrey B. Steiner and Jason R. Goldstein
12 minute read
January 17, 2017 | New York Law Journal
Condominium Loans and Lien PriorityIn their Financing column, Jeffrey B. Steiner and Jason R. Goldstein address some unique aspects of condominium structures which require closer examination on a case-by-case basis.
By Jeffrey B. Steiner and Jason R. Goldstein
13 minute read
September 20, 2016 | New York Law Journal
The Importance of Reviewing Term Sheet ContingenciesIn their Financing column, Jeffrey B. Steiner and Jason R. Goldstein discuss term sheets contingencies and write: Term sheet disputes can be frustrating but they are a natural result of a fast-paced negotiation that seeks to distill a couple hundred pages of loan documents down to a ten-page letter agreement. A well-written term sheet will protect a lender from being obligated to lend on terms that, following diligence or complete loan document negotiation, turn out to be unacceptable to the lender.
By Jeffrey B. Steiner and Jason R. Goldstein
15 minute read
July 20, 2016 | New York Law Journal
Guarantees: When Is a Contest 'Material'?In their Financing column, Jeffrey B. Steiner and Jason R. Goldstein discuss guarantee agreements and advise: "In order to ensure that a lender's rights to exercise its default remedies are protected, guaranty agreements should always be negotiated with care to ensure that the guarantor will be held sufficiently liable for any losses incurred by the lender."
By Jeffrey B. Steiner and Jason R. Goldstein
19 minute read
May 18, 2016 | New York Law Journal
Secured Claims Not Impaired by Housing RestrictionsIn their Financing column, Jeffrey B. Steiner and David Broderick discuss 'In re Sunnyslope Housing Limited Partnership,' where the Ninth Circuit held that subordinate affordable housing restrictions should not impair the value of a senior lender's secured claim in bankruptcy.
By Jeffrey B. Steiner and David Broderick
17 minute read
January 20, 2016 | New York Law Journal
Emergence of a New Approach to Financing Commercial LoansIn their Financing column, Richard J. Reilly, Jr. and Jeffrey B. Steiner describe some of the key structural features of post-crisis CRE CLO transactions and how they differ from pre-crisis CRE CLO transactions.
By Richard J. Reilly, Jr. and Jeffrey B. Steiner
10 minute read
January 19, 2016 | New York Law Journal
Emergence of a New Approach to Financing Commercial LoansIn their Financing column, Richard J. Reilly, Jr. and Jeffrey B. Steiner describe some of the key structural features of post-crisis CRE CLO transactions and how they differ from pre-crisis CRE CLO transactions.
By Richard J. Reilly, Jr. and Jeffrey B. Steiner
10 minute read
November 18, 2015 | New York Law Journal
Pitfalls in Negotiating Special Purpose Covenant RecourseIn their Financing column, Jeffrey B. Steiner and Jason R. Goldstein summarize some of the key issues related to substantive consolidation and one of the principal loan documentation points that frequently becomes the focus of negotiation.
By Jeffrey B. Steiner and Jason R. Goldstein
10 minute read
November 17, 2015 | New York Law Journal
Pitfalls in Negotiating Special Purpose Covenant RecourseIn their Financing column, Jeffrey B. Steiner and Jason R. Goldstein summarize some of the key issues related to substantive consolidation and one of the principal loan documentation points that frequently becomes the focus of negotiation.
By Jeffrey B. Steiner and Jason R. Goldstein
10 minute read