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Mitchell L Berg

Mitchell L Berg

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 Players

This 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 Players

Mitchell 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 Issues

Peter 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 Funds

Mitchell 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