March 20, 2002 | New York Law Journal
Joint Venture Exit Mechanisms Allow Partners to `Cash Out`T HE PARTNERS of a real estate joint venture generally seek to balance their desire to maintain an unfettered right to transfer their joint venture interests with their desire not to saddle the venture with troublesome or undercapitalized partners. 1 A prior article examined the extent to which certain mechanisms commonly employed by joint venture partners to exit real estate joint ventures rights of first refusal, rights of first offer, drag along rights and tag along rights achieve this balance. 2 This ar
By Mitchell L. Berg, Peter E. Fisch And Marci I. Gordon
12 minute read
June 12, 2006 | New Jersey Law Journal
Significant PlayersThis article focuses on certain noneconomic issues that arise in the negotiation of fund documents � the ability of fund sponsors to make investments outside the fund or to form competing funds, the co-investment rights of limited partners, "key person" remedies that apply if key investment professionals are no longer involved in the management of the fund, and removal rights with respect to the general partner.
By Mitchell L. Berg and Peter E. Fisch
11 minute read
November 30, 2005 | New York Law Journal
Market PlayersMitchell L. Berg and Peter E. Fisch, partners in the Real Estate Department of Paul, Weiss, Rifkind, Wharton & Garrison, describe certain basic economic features of real estate investment funds, which have become among the most significant players in both U.S. and international real estate markets, and the issues sometimes encountered in negotiating these terms.
By Mitchell L. Berg and Peter E. Fisch
12 minute read
December 29, 2004 | New York Law Journal
M&A Lease IssuesPeter E. Fisch, and Mitchell L. Berg, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that corporate mergers and acquisitions are often complicated by consent issues relating to leases of the acquired company.
By Peter E. Fisch and Mitchell L. Berg
11 minute read
October 31, 2007 | New York Law Journal
Investment FundsMitchell L. Berg, a partner at Paul, Weiss, Rifkind, Wharton & Garrison and Andrew J. Bates, an associate at the firm, analyze a form of financing that has increasingly been used by real estate funds (as well as other private equity funds) with investment-grade and other creditworthy investors, financings which are secured not by the assets of the funds but by the capital commitments of their investors.
By Mitchell L. Berg and Andrew J. Bates
12 minute read
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