Peter E Fisch

May 07, 2008 | New York Law Journal

Peter E. Fisch and Steven Simkin, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that as structured real estate finance has matured over the past several years, the requirements of the rating agencies (principally motivated by bankruptcy concerns) and the realities of the secondary market have greatly increased the use of mezzanine loans, which have largely replaced second mortgages in real estate finance.

By Peter E. Fisch and Steven Simkin

17 minute read

August 31, 2005 | New York Law Journal

Peter E. Fisch, a partner at Paul, Weiss, Rifkind Wharton & Garrison, and Nicholas A. Kujawa, an associate at the firm, write that while debtors in bankruptcy that sell or finance real property often benefit from an exemption from transfer taxes and mortgage recording taxes, one must understand the timing of the transfer in the bankruptcy and the plan of reorganization in order to determine the applicability of the exemption.

By Peter E. Fisch and Nicholas A. Kujawa

13 minute read

May 31, 2006 | New York Law Journal

Mitchell L. Berg and Peter E. Fisch, partners at Paul, Weiss, Rifkind, Wharton & Garrison, analyze issues including 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 which 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

January 08, 2002 | New York Law Journal

N IMPORTANT consideration in forming any real estate joint venture is the ability of the joint venture partners 1 to exit their respective investments. The identity of the joint venture participants and what each contributes to the joint venture are critical to its success. As a result, many joint venture agreements limit or prohibit transfers of interests by partners, and where transfers are permitted, a non-exiting partner will often seek to control the identity of any new co-venturer, particularly in a s

By Mitchell L. Berg And Peter E. Fisch

14 minute read

March 31, 2010 | New York Law Journal

Peter E. Fisch and Allan J. Arffa, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write: "In negotiating commercial mortgage loan documentation, much time and energy is put forth by a borrower's counsel to require the lender to act reasonably in granting or withholding required consents. Obtaining this flexibility is never more important than under CMBS loans, where the ongoing loan administration is handled by a third-party servicer rather than a relationship lender."

By Peter E. Fisch and Allan J. Arffa

13 minute read

April 29, 2009 | New York Law Journal

Mitchell L. Berg and Peter E. Fisch, partners at Paul, Weiss, Rifkind, Wharton & Garrison, untangle the latest serving of governmental alphabet soup and outline the principal terms of Term Asset-Backed Securities Loan Facility ("TALF"), as it will ultimately relate to certain residential mortgage-backed securities ("RMBS") and commercial mortgage-backed securities ("CMBS"), and the Public-Private Investment Program ("PPIP").

By Mitchell L. Berg and Peter E. Fisch

13 minute read

June 16, 2010 | New York Law Journal

Peter E. Fisch and Harris B. Freidus, partners in the real estate department of Paul, Weiss, Rifkind, Wharton & Garrison, write that to properly analyze the current downturn, it is useful to put it into historical context and to look at the types of transactions that are taking place today.

By Peter E. Fisch and Harris B. Freidus

11 minute read

June 29, 2011 | New York Law Journal

In their Commercial Loans column, Mitchell L. Berg and Peter E. Fisch, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that recent activity in the real estate markets has consisted in large part of the sale and acquisition of commercial mortgages and mezzanine loans. They offer practitioners guidance on performing due diligence in such transactions, where circumstances often require that deals close in just days.

By Mitchell L. Berg and Peter E. Fisch

11 minute read

March 20, 2002 | New York Law Journal

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

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