Intercreditor Issues in Commercial Real Estate Workouts
A major change in commercial real estate lending since the last major lending crisis is the proliferation of multiple tranche financings, featuring many layers of senior, junior, senior mezzanine, junior mezzanine, equity and other investment. This promises to create the potential for both more complex legal issues in handling multiple layers of contract covenants, as well as a more dynamic workout environment, where the various lenders might well have different outlooks on the best path forward in a workout. This panel will explore the legal and strategic factors in these situations, including: 
 

• Will intercreditor agreements hold together in a bankruptcy proceeding?
• The impacts of REMIC guidelines and trust regulations on workout options and strategies
• Role of mezzanine lenders in workouts and loan sales
• Assessing the opportunities for investment and providing servicee

• Robert (Robin) C. Jones, Jr., Pillsbury Winthrop Shaw Pittman LLP
• Grant Puleo, Partner, Procopio
• Eric Remensperger, Partner, Proskauer Rose LLP
• Steve Silverman, Member, Kluger Peretz Kaplan & Berlin Distressed Assets Group

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