Structuring Rooftop Lease Agreements: Legal and Business Considerations

Size: px
Start display at page:

Download "Structuring Rooftop Lease Agreements: Legal and Business Considerations"

Transcription

1 Presenting a live 90 minute webinar with interactive Q&A Structuring Rooftop Lease Agreements: Legal and Business Considerations Negotiating Leases for Telecom Equipment, Solar Energy, Commercial Farming, and More Wednesday, January 7, pm Eastern 12pm Central 11am Mountain 10am Pacific Today s faculty features: Stephen A. Kisker, Member, Wolff & Samson, West Orange, N.J. Hugh D. Odom, Founder & President, Vertical Consultants, Nashville, Tenn. The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions ed to registrants for additional information. If you have any questions, please contact Customer Service at ext. 10.

2 Tips for Optimal Quality FOR LIVE EVENT ONLY Sound Quality If you are listening via your computer speakers, please note that the quality of your sound will vary depending on the speed and quality of your internet connection. If the sound quality is not satisfactory, you may listen via the phone: dial and enter your PIN when prompted. Otherwise, please send us a chat or immediately so we can address the problem. If you dialed in and have any difficulties during the call, press *0 for assistance. Viewing Quality To maximize your screen, press the F11 key on your keyboard. To exit full screen, press the F11 key again.

3 Continuing Education Credits FOR LIVE EVENT ONLY For CLE purposes, please let us know how many people are listening at your location by completing each of the following steps: In the chat box, type (1) your company name and (2) the number of attendees at your location Click the SEND button beside the box If you have purchased Strafford CLE processing services, you must confirm your participation by completing and submitting an Official Record of Attendance (CLE Form). You may obtain your CLE form by going to the program page and selecting the appropriate form in the PROGRAM MATERIALS box at the top right corner. If you'd like to purchase CLE credit processing, it is available for a fee. For additional information about CLE credit processing, go to our website or call us at ext. 35.

4 Program Materials FOR LIVE EVENT ONLY If you have not printed the conference materials for this program, please complete the following steps: Click on the ^ symbol next to Conference Materials in the middle of the lefthand column on your screen. Click on the tab labeled Handouts that appears, and there you will see a PDF of the slides for today's program. Double click on the PDF and a separate page will open. Print the slides by clicking on the printer icon.

5 Structuring Rooftop Lease Agreements: Legal and Business Considerations Presented by Stephen A. Kisker, Esq. January 7, 2015

6 Rooftop Lease Applications and Current Trends in Rooftop Leasing Types of rooftop leases Cell towers and other communication equipment PCS, broadband, FM and TV 6

7 Types of Rooftop Leases (cont d) Solar panels and micro wind turbines On-site consumption or grid feed Distributed generation of clean, renewable energy 7

8 Types of Rooftop Leases (cont d) Solar panels and micro wind turbines (cont d) United States now 5 th in the world in installed solar capacity United States has over 16,000 MW of solar capacity, which is enough to power more than 3.5 million homes The US solar industry now employs more than 150,000 people fulltime nationwide Micro wind turbines are small, lightweight and can be made of plastic 8

9 Types of Rooftop Leases (cont d) Rooftop farms Distributed generation of high quality produce in urban areas Rainwater recapture and reuse Decrease heat gain Lower heat loss Vancouver, New York and Philadelphia Rooftop bars and restaurants 9

10 Types of Rooftop Leases (cont d) Rooftop Oasis 10

11 Current Trends Site / lease buyouts Lump sum up-front payment for existing leases and/or locations Developing secondary market Options to lease Small income stream reserving rights to lease in the future Allows company to lock up territory 11

12 Current Trends (cont d) Rooftop management companies Solar, Solar, Solar 12

13 Benefits of a Rooftop Lease Income either up front or over time Benefits of the use itself Roof repairs and/or maintenance at little or no up-front cost Increase value of remainder of building 13

14 Detriments to a Rooftop Lease Forgo future opportunities for easy cash up front Roof repair and maintenance Loss of flexibility (casualty, condemnation, financing, sale, redevelopment, expansion) Frequently requires use of more than just the roof (staging areas, utility easements, parking, access, data rooms, inverter pads and cable runs) Structural issues 14

15 Deal Structures Simple Single Lease Benefits Monetize your roof with lump sum up-front payment or periodic rent payment Condition lease on roof repairs or upgrades up front and/or place burden of roof maintenance on tenant Little effort for building owner Detriments Sacrifice future opportunities Roof leaks / maintenance issues Redevelopment / sale / reconstruction restrictions or complications May not maximize value of entire roof Financing 15

16 Deal Structures (cont d) Multiple Leases for One Roof Benefits Opportunity to maximize value of roof Monetize your roof with lump sum up-front payment or periodic rent payment Condition lease on roof repairs or upgrades up front and/or place burden of roof maintenance on tenant Detriments Coordination of and interference by multiple tenants Maintenance/repair obligations and disputes who caused that leak?!? Much more effort to put together and manage Multiple seats at negotiating table upon sale, redevelopment or major reconstruction 16

17 Deal Structures (cont d) Buyout of Existing Leases and Location Benefits Monetize future income stream now Eliminates future management/administrative burden Removes the risk of payment defaults Detriments Long term agreements that are very difficult to terminate Sacrifice future opportunities Greater redevelopment / sale / reconstruction restrictions or complications May not maximize value of entire roof Frowned upon by lenders 17

18 Deal Structures (cont d) Option to Lease Benefits Free money Very little effort and limited obligations Detriments Loss of future opportunity Disputes and litigation 18

19 Rooftop Lease, License or Easement Lease Benefits An estate in land that provides the tenant with greater protection and an alternative financing method (leasehold mortgage) If properly perfected it can be binding on future property owners In some states it offers landlord protection from construction liens filed by a tenant s contractor Detriments Frequently more difficult to terminate and regain possession Subject to state and municipal lease formalities and tenant protection measures such as a duty to mitigate damages and statute of frauds Frequently requires lender approval 19

20 Rooftop Lease, License or Easement (cont d) License Benefits Not an estate in land but rather a right in contract Frequently easier to terminate and regain possession Not subject to state and municipal lease formalities and tenant protection measures such as a duty to mitigate damages and statute of frauds Does not always require lender approval Detriments May subject owner s property to construction lien resulting from licensee s non-payment for licensee improvements May not be sufficient protection to get the deal done 20

21 Rooftop Lease, License or Easement (cont d) Easement Benefits An interest in land that provides the holder with greater protection Not an executory contract subject to termination in bankruptcy Runs with the land Not subject to state and municipal lease formalities and tenant protection measures such as a duty to mitigate damages Detriments Difficult to terminate and regain possession Not easily financeable Unorthodox May be subject to technical state formalities applicable to estates in land, such as the statute of frauds Almost always requires lender approval 21

22 Practical Considerations in Structuring a Solar Rooftop Deal Roof warranty Roof leaks / maintenance issues Casualty and condemnation Staging and parking Term Bonds, guarantees or other security 22

23 Practical Considerations in Structuring a Solar Rooftop Deal (cont d) Insurance End of term obligations Termination rights Indemnities Sale of host property Taxes Assignment 23

24 Financing Considerations for Solar Rooftop Deals Subordination, Non-Disturbance and Recognition Agreements What is the lender s collateral? Timelines 24

25 Thank you! For more information, please contact: Stephen A. Kisker, Esq. Chair, Renewable Energy and Sustainability Group Member, Real Estate Group Wolff & Samson PC One Boland Drive West Orange, New Jersey Phone: (973)

26 Rooftop Leases- How Important Are They To Wireless Carriers? 26 Hugh D. Odom

27 27 Increased Dependency on Wireless Services= Capacity Issues For Wireless Carriers

28 28 Rooftop Lease Purpose- To build out wireless network infrastructure in urban locations

29 Telecom companies are focused on both securing existing rooftop leased sites and developing new sites. 29

30 30 How does a property owner Optimize their rooftop agreement with a telecom company?

31 31 A rooftop antenna agreement is not a Real Estate transaction it is a Telecom transaction.

32 32 The Value of a rooftop lease should be tied into the Utility garnered from the space being used and not the amount of space itself.

33 There is no such thing as Market Rent. Every cell site has a different value.. 33

34 34 Overall Lease Structure is the key to maximizing the value of any agreement it is a Marathon, NOT a sprint..

35 35 Protect your property by understanding why certain provisions are in any agreement and how they are being used by telecom tenants.

36 36 Rooftop Lease vs. Rooftop License- What real choice do you have? What does it really matter?

37 37 Permitted Use- The Gateway to maximizing the value of any agreement and minimizing the impact to your property.

38 38 Relocation Rights- Make sure a landlord s use of the property does not become Subordinate to a telecom tenant s use of the property.

39 39 Compliance Issues- Who is responsible? How does one monitor this ongoing obligation?

40 Building Access- The most abused and problematic day-to-day issue for building owners. 40

41 Insurance- A telecom rooftop lease is a long-term agreement DO NOT have a Stagnant insurance section. 41

42 42 Indemnification- How a standard indemnification provision can open you up to un-capsulated liability

43 Assignment/Subleasing- Control the use of your building and value being derived from such use.. 43

44 44 Lease Buyout Offers- More common; more undervalued; more misunderstood; and more detrimental for property owners

45 45 Conclusion- Telecom Rooftop Agreements can be a win-win transaction.

46 Thank You. Hugh Odom President and Founder Vertical Consultants, LLC 4005 Aberdeen Suite 100 Nashville, Tennessee Phone: (877) Website: 46

Solar Leases: Legal Considerations for Property Owners

Solar Leases: Legal Considerations for Property Owners Presenting a live 90-minute webinar with interactive Q&A Solar Leases: Legal Considerations for Property Owners Analyzing Lease Sites and Deal Structures and Addressing Key Document Provisions WEDNESDAY,

More information

Commercial Leases: Risk Mitigation Strategies for Landlords and Tenants

Commercial Leases: Risk Mitigation Strategies for Landlords and Tenants Presenting a live 90-minute webinar with interactive Q&A Commercial Leases: Risk Mitigation Strategies for Landlords and Tenants WEDNESDAY, OCTOBER 10, 2012 1pm Eastern 12pm Central 11am Mountain 10am

More information

Payment and Performance Surety Bonds in Construction Projects: Perspectives of Owners, Contractors and Sureties

Payment and Performance Surety Bonds in Construction Projects: Perspectives of Owners, Contractors and Sureties Presenting a live 90-minute webinar with interactive Q&A Payment and Performance Surety Bonds in Construction Projects: Perspectives of Owners, Contractors and Sureties Asserting and Defending Surety Bond

More information

for Landlords and Tenants Negotiating Insurance, Indemnity and Mutual Waiver of Subrogation Provisions

for Landlords and Tenants Negotiating Insurance, Indemnity and Mutual Waiver of Subrogation Provisions Presenting a live 90 minute webinar with interactive Q&A Commercial Leases: Risk Mitigation Strategies for Landlords and Tenants Negotiating Insurance, Indemnity and Mutual Waiver of Subrogation Provisions

More information

Commercial Real Estate Loans: Structuring Covenants, Events of Default Provisions and MAC Clauses

Commercial Real Estate Loans: Structuring Covenants, Events of Default Provisions and MAC Clauses Presenting a live 90-minute webinar with interactive Q&A Commercial Real Estate Loans: Structuring Covenants, Events of Default Provisions and MAC Clauses Negotiating Agreement Provisions to Maximize Borrower

More information

Structuring Covenants in Leveraged Loans and High Yield Bonds for Borrowers and Lenders

Structuring Covenants in Leveraged Loans and High Yield Bonds for Borrowers and Lenders Presenting a live 90-minute webinar with interactive Q&A Structuring Covenants in Leveraged Loans and High Yield Bonds for Borrowers and Lenders Analyzing Financial and Performance Covenants, Equity Cures,

More information

M&A Auctions: Successful Bidding Strategies

M&A Auctions: Successful Bidding Strategies Presenting a live 90-minute webinar with interactive Q&A M&A Auctions: Successful Bidding Strategies Planning and Executing Winning Bids, Minimizing Costs of Losing Bids THURSDAY, JANUARY 8, 2015 1pm Eastern

More information

Negotiating EHR Agreements: Complying with HIPAA, Stark and AKS, Overcoming Privacy and Security Risks

Negotiating EHR Agreements: Complying with HIPAA, Stark and AKS, Overcoming Privacy and Security Risks Presenting a live 90-minute webinar with interactive Q&A Negotiating EHR Agreements: Complying with HIPAA, Stark and AKS, Overcoming Privacy and Security Risks Acquiring an EHR and Meeting Incentive Program

More information

ALTA/ACSM Land Title Surveys: Leveraging the Feasibility Assessment Tool for Land Development Deals

ALTA/ACSM Land Title Surveys: Leveraging the Feasibility Assessment Tool for Land Development Deals Presenting a live 90 minute webinar with interactive Q&A ALTA/ACSM Land Title Surveys: Leveraging the Feasibility Assessment Tool for Land Development Deals THURSDAY, FEBRUARY 27, 2014 1pm Eastern 12pm

More information

Overcoming Ethical Challenges for Multi-Firm Lawyers and Their Firms: Fiduciary Duty, Conflict, Fee-Splitting and More

Overcoming Ethical Challenges for Multi-Firm Lawyers and Their Firms: Fiduciary Duty, Conflict, Fee-Splitting and More Presenting a live 90-minute webinar with interactive Q&A Overcoming Ethical Challenges for Multi-Firm Lawyers and Their Firms: Fiduciary Duty, Conflict, Fee-Splitting and More TUESDAY, SEPTEMBER 16, 2014

More information

Builder's Risk Insurance for Construction Projects: Legal Issues

Builder's Risk Insurance for Construction Projects: Legal Issues Presenting a live 90-minute webinar with interactive Q&A Builder's Risk Insurance for Construction Projects: Legal Issues Evaluating Scope of Coverage, Policy Exclusions and Coverage Extensions and Sub-Limits

More information

Performance Bonds and CGL Insurance In Construction Projects: Navigating the Interplay Between Insurance and Surety

Performance Bonds and CGL Insurance In Construction Projects: Navigating the Interplay Between Insurance and Surety Presenting a live 90-minute webinar with interactive Q&A Performance Bonds and CGL Insurance In Construction Projects: Navigating the Interplay Between Insurance and Surety Minimizing Risks and Maximizing

More information

Partnership Exchanges: Structuring "Drop

Partnership Exchanges: Structuring Drop Presenting a live 90-minute teleconference with interactive Q&A Partnership Exchanges: Structuring "Drop and Swap" and "Mixing Bowl" Transactions Minimizing IRS Challenges and Maximizing Favorable Tax

More information

Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features:

Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features: Presenting a live 90-minute webinar with interactive Q&A Drafting and Negotiating Convertible Preferred Stock Provisions: Protecting Interests of Businesses and Investors Structuring Liquidation and Distribution

More information

Captive Insurance Companies in Estate Planning: A Profit Maximization and Risk Reduction Tool

Captive Insurance Companies in Estate Planning: A Profit Maximization and Risk Reduction Tool Presenting a live 90-minute webinar with interactive Q&A Captive Insurance Companies in Estate Planning: A Profit Maximization and Risk Reduction Tool Leveraging the Benefits for Asset Protection, Wealth

More information

M&A Purchase Price Adjustment Clauses

M&A Purchase Price Adjustment Clauses Presenting a live 90-minute webinar with interactive Q&A M&A Purchase Price Adjustment Clauses Crafting Provisions to Mitigate Buyers' Financial Risks and Achieve Fair Compensation for Sellers THURSDAY,

More information

ERISA Retirement Plans: Fiduciary Compliance and Risk Management for Investment Fund Selection and Fee Disclosures

ERISA Retirement Plans: Fiduciary Compliance and Risk Management for Investment Fund Selection and Fee Disclosures Presenting a live 90-minute webinar with interactive Q&A ERISA Retirement Plans: Fiduciary Compliance and Risk Management for Investment Fund Selection and Fee Disclosures Discharging Fiduciary Duties

More information

Medical Expert Depositions in Workers' Comp Cases

Medical Expert Depositions in Workers' Comp Cases Presenting a live 90-minute webinar with interactive Q&A Medical Expert Depositions in Workers' Comp Cases Effective Techniques for Deposing Experts and Raising Strategic Objections TUESDAY, MARCH 11,

More information

Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features:

Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features: Presenting a live 90-minute webinar with interactive Q&A Real Estate Leasing Letters of Intent: Obtaining Favorable Terms and Avoiding Protracted Negotiations Structuring Effective LOIs and Minimizing

More information

Allocating Defense Costs Among Multiple Insurers and Between Covered and Uncovered Claims

Allocating Defense Costs Among Multiple Insurers and Between Covered and Uncovered Claims Presenting a live 90-minute webinar with interactive Q&A Allocating Defense Costs Among Multiple Insurers and Between Covered and Uncovered Claims Methods of Allocation Among Insurers and Allocation to

More information

Multi-Jurisdictional Workers' Compensation Claims

Multi-Jurisdictional Workers' Compensation Claims Presenting a live 90-minute webinar with interactive Q&A Multi-Jurisdictional Workers' Compensation Claims Selecting the Jurisdiction and Navigating Conflicting State Laws Regarding Benefits, Rights and

More information

Divorce: When a Spouse Files Bankruptcy

Divorce: When a Spouse Files Bankruptcy Presenting a live 90-minute webinar with interactive Q&A Divorce: When a Spouse Files Bankruptcy Dischargeability of Domestic Support Obligations and Property Settlements WEDNESDAY, FEBRUARY 15, 2012 1pm

More information

Estate Planning Using LLCs and Limited Partnerships Achieving Estate Tax Savings Through Valuation Discounts, Protecting Against Creditor Claims

Estate Planning Using LLCs and Limited Partnerships Achieving Estate Tax Savings Through Valuation Discounts, Protecting Against Creditor Claims Presenting a live 90-minute webinar with interactive Q&A Estate Planning Using LLCs and Limited Partnerships Achieving Estate Tax Savings Through Valuation Discounts, Protecting Against Creditor Claims

More information

Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features:

Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features: Presenting a live 90-minute webinar with interactive Q&A Estate Planning with Education Trusts and 529 Plans Establishing Education Trusts for Tax Savings, Drafting Education Provisions in Revocable Trusts,

More information

Partnership Exchanges: Structuring "Drop and Swap" and "Mixing Bowl" Transactions

Partnership Exchanges: Structuring Drop and Swap and Mixing Bowl Transactions Presenting a live 90-minute webinar with interactive Q&A Partnership Exchanges: Structuring "Drop and Swap" and "Mixing Bowl" Transactions Minimizing the Risk of an Unfavorable Audit Outcome TUESDAY, AUGUST

More information

Negotiating EBITDA and Financial Covenants in Middle Market Loan Agreements

Negotiating EBITDA and Financial Covenants in Middle Market Loan Agreements Presenting a live 90-minute webinar with interactive Q&A Negotiating EBITDA and Financial Covenants in Middle Market Loan Agreements WEDNESDAY, OCTOBER 23, 2013 1pm Eastern 12pm Central 11am Mountain 10am

More information

SBA Lending: Documenting, Closing and Servicing 7(a) and CDC/504 Loans

SBA Lending: Documenting, Closing and Servicing 7(a) and CDC/504 Loans Presenting a live 90-minute webinar with interactive Q&A SBA Lending: Documenting, Closing and Servicing 7(a) and CDC/504 Loans Navigating SBA Approval and Authorization Process, Preserving the Loan Guaranty

More information

Insurance Due Diligence in M&A Deals: Evaluating Coverage and Gaps, Mitigating Risks and Potential Liabilities

Insurance Due Diligence in M&A Deals: Evaluating Coverage and Gaps, Mitigating Risks and Potential Liabilities Presenting a live 90-minute webinar with interactive Q&A Insurance Due Diligence in M&A Deals: Evaluating Coverage and Gaps, Mitigating Risks and Potential Liabilities THURSDAY, OCTOBER 29, 2015 1pm Eastern

More information

Negotiating Patent Indemnification Provisions

Negotiating Patent Indemnification Provisions Presenting a live 90-minute webinar with interactive Q&A Negotiating Patent Indemnification Provisions Allocating Patent Infringement Risk Through Indemnification Clauses, Reps and Warranties, and Limitation

More information

Receivable and Inventory Strategies for Lenders and Borrowers Crafting Commercial Loan and Security Agreements

Receivable and Inventory Strategies for Lenders and Borrowers Crafting Commercial Loan and Security Agreements Presenting a live 90 minute webinar with interactive Q&A Collateral Based Financing Using Accounts Receivable and Inventory Strategies for Lenders and Borrowers Crafting Commercial Loan and Security Agreements

More information

Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features: Dean C. Berry, Partner, Cadwalader Wickersham & Taft, New York

Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features: Dean C. Berry, Partner, Cadwalader Wickersham & Taft, New York Presenting a live 90-minute webinar with interactive Q&A Estate Planning Involving Resident and Non-Resident Aliens Navigating Estate, Gift and GST Tax Rules, and Leveraging Estate and Lifetime Gifting

More information

Structuring Managed Care Contracts: Medicare and Medicaid Considerations for Providers

Structuring Managed Care Contracts: Medicare and Medicaid Considerations for Providers Presenting a live 90-minute webinar with interactive Q&A Structuring Managed Care Contracts: Medicare and Medicaid Considerations for Providers Navigating Reimbursement and Delegation Challenges, Negotiating

More information

Builder's Risk and CGL Insurance for Construction Projects: Mitigating Developer and Contractor Risks

Builder's Risk and CGL Insurance for Construction Projects: Mitigating Developer and Contractor Risks Presenting a live 90-minute webinar with interactive Q&A Builder's Risk and CGL Insurance for Construction Projects: Mitigating Developer and Contractor Risks Evaluating Scope of Coverage, Covered Losses,

More information

Sales Tax Audits in the Era of Digital Documentation Preparing for a Computer-Based Review Involving Electronic Invoices, Bills of Lading, Etc.

Sales Tax Audits in the Era of Digital Documentation Preparing for a Computer-Based Review Involving Electronic Invoices, Bills of Lading, Etc. Presenting a live 110-minute teleconference with interactive Q&A Sales Tax Audits in the Era of Digital Documentation Preparing for a Computer-Based Review Involving Electronic Invoices, Bills of Lading,

More information

ESI Discovery in Federal Criminal Cases: Leveraging the New JETWG Recommendations

ESI Discovery in Federal Criminal Cases: Leveraging the New JETWG Recommendations Presenting a live 90-minute webinar with interactive Q&A ESI Discovery in Federal Criminal Cases: Leveraging the New JETWG Recommendations THURSDAY, APRIL 26, 2012 1pm Eastern 12pm Central 11am Mountain

More information

Leveraging New IRS Rules Eliminating 36-Month Testing Period for Cancellation of Debt Income

Leveraging New IRS Rules Eliminating 36-Month Testing Period for Cancellation of Debt Income Leveraging New IRS Rules Eliminating 36-Month Testing Period for Cancellation of Debt Income MONDAY, DECEMBER 15, 2014, 1:00-2:50 pm Eastern IMPORTANT INFORMATION This program is approved for 2 CPE credit

More information

Settling Wage/Hour Claims: Weighing Settlement Options, Negotiating Damages, and Ensuring Court Approval

Settling Wage/Hour Claims: Weighing Settlement Options, Negotiating Damages, and Ensuring Court Approval Presenting a live 90-minute webinar with interactive Q&A Settling Wage/Hour Claims: Weighing Settlement Options, Negotiating Damages, and Ensuring Court Approval WEDNESDAY, JANUARY 15, 2014 1pm Eastern

More information

Cellular Antenna Leases:

Cellular Antenna Leases: Cellular Antenna Leases: A Checklist for Landlords A cellular carrier s lease form or the form of an independent cell site developer (both are referred to as a carrier ) is prepared by and strongly biased

More information

Managing Sales Tax Data: Streamlining Internal Controls to Maximize Compliance Efficiency

Managing Sales Tax Data: Streamlining Internal Controls to Maximize Compliance Efficiency Presenting a live 110-minute teleconference with interactive Q&A Managing Sales Tax Data: Streamlining Internal Controls to Maximize Compliance Efficiency THURSDAY, FEBRUARY 20, 2014 1pm Eastern 12pm Central

More information

Venture Lending, Working Capital and Term Loans for Emerging Companies: Borrower and Lender Perspectives

Venture Lending, Working Capital and Term Loans for Emerging Companies: Borrower and Lender Perspectives Presenting a live 90-minute webinar with interactive Q&A Venture Lending, Working Capital and Term Loans for Emerging Companies: Borrower and Lender Perspectives Negotiating Loan Terms, Collateral Requirements,

More information

Marital Deduction Revocable Trusts: Funding Formulas to Minimize Tax and Maximize Spousal Benefits

Marital Deduction Revocable Trusts: Funding Formulas to Minimize Tax and Maximize Spousal Benefits Presenting a live 90-minute webinar with interactive Q&A : Funding Formulas to Minimize Tax and Maximize Spousal Benefits Selecting, Structuring, and Applying Pecuniary Marital, Non-Marital and Fractional

More information

Cell Tower Leases and Buyouts: The Church s Perspective By John W. Pestle prepared for UCC Southwest Conference January 9, 2013

Cell Tower Leases and Buyouts: The Church s Perspective By John W. Pestle prepared for UCC Southwest Conference January 9, 2013 Cell Tower Leases and Buyouts: The Church s Perspective By John W. Pestle prepared for UCC Southwest Conference January 9, 2013 Important Notice: This presentation has been prepared by Varnum LLP for informational

More information

Business Entity Conversions: Income Tax Consequences You May Not Anticipate

Business Entity Conversions: Income Tax Consequences You May Not Anticipate Presenting a live 110-minute teleconference with interactive Q&A Business Entity Conversions: Income Tax Consequences You May Not Anticipate Understanding and Navigating Complex Federal Income Tax Implications

More information

Structuring Equity Compensation for Partnerships and LLCs

Structuring Equity Compensation for Partnerships and LLCs Presenting a live 90-minute webinar with interactive Q&A Structuring Equity Compensation for Partnerships and LLCs Navigating Capital and Profits Interests Plus Section 409A and Tax Consequences TUESDAY,

More information

Money Maker or Tower of Terror? The Benefits (and Burdens) of Cellular Tower Leases

Money Maker or Tower of Terror? The Benefits (and Burdens) of Cellular Tower Leases Money Maker or Tower of Terror? The Benefits (and Burdens) of Cellular Tower Leases Presented by Peter Martin Knutson, Flynn & Deans, P.A. Why Do School Districts Consider Tower Leases? Convert unused

More information

Negotiating Contractual Indemnity in M&A Deals: Transactional and Litigation Considerations

Negotiating Contractual Indemnity in M&A Deals: Transactional and Litigation Considerations Presenting a live 90-minute webinar with interactive Q&A Negotiating Contractual Indemnity in M&A Deals: Transactional and Litigation Considerations Structuring Terms to Minimize Financial Risks, Measuring

More information

Private Equity Waterfall and Carried Interest Provisions: Economic and Tax Implications for Investors and Sponsors

Private Equity Waterfall and Carried Interest Provisions: Economic and Tax Implications for Investors and Sponsors Presenting a live 90-minute webinar with interactive Q&A Private Equity Waterfall and Carried Interest Provisions: Economic and Tax Implications for Investors and Sponsors WEDNESDAY, DECEMBER 16, 2015

More information

New Partnership Debt for Equity Exchange Regulations Navigating Issues With COD Income, Gains and Losses, and Other Aspects of Sect.

New Partnership Debt for Equity Exchange Regulations Navigating Issues With COD Income, Gains and Losses, and Other Aspects of Sect. Presenting a live 110 minute teleconference with interactive Q&A New Partnership Debt for Equity Exchange Regulations Navigating Issues With COD Income, Gains and Losses, and Other Aspects of Sect. 108(e)(8)

More information

Financing In-Transit Inventory: Perfecting Security Interests and Resolving Priority Disputes

Financing In-Transit Inventory: Perfecting Security Interests and Resolving Priority Disputes Presenting a live 90-minute webinar with interactive Q&A Financing In-Transit Inventory: Perfecting Security Interests and Resolving Priority Disputes Lender Due Diligence, Bankruptcy Risks, Intercreditor

More information

Personal Injury Insurance Settlements: Negotiating a Pre-Trial Settlement

Personal Injury Insurance Settlements: Negotiating a Pre-Trial Settlement Presenting a live 90-minute webinar with interactive Q&A Personal Injury Insurance Settlements: Negotiating a Pre-Trial Settlement THURSDAY, AUGUST 29, 2013 1pm Eastern 12pm Central 11am Mountain 10am

More information

Grantor Retained Annuity Trusts: Tax-Efficient Estate Planning Techniques

Grantor Retained Annuity Trusts: Tax-Efficient Estate Planning Techniques Presenting a live 110-minute teleconference with interactive Q&A Grantor Retained Annuity Trusts: Tax-Efficient Estate Planning Techniques Leveraging GRATs to Preserve and Transfer Assets TUESDAY, JANUARY

More information

Export Controls and Cloud Computing: Legal Risks

Export Controls and Cloud Computing: Legal Risks Presenting a live 90-minute webinar with interactive Q&A Export Controls and Cloud Computing: Legal Risks Complying with ITAR, EAR and Sanctions Laws When Using Cloud Storage and Services TUESDAY, APRIL

More information

Pursuing Insurance Bad Faith Claims Over Personal Injury Claim Delays, Denials and Low Ball Offers

Pursuing Insurance Bad Faith Claims Over Personal Injury Claim Delays, Denials and Low Ball Offers Presenting a live 90-minute webinar with interactive Q&A Pursuing Insurance Bad Faith Claims Over Personal Injury Claim Delays, Denials and Low Ball Offers Considerations and Best Practices for Proving

More information

Form 1041: Estate and Trust Tax Reporting

Form 1041: Estate and Trust Tax Reporting Form 1041: Estate and Trust Tax Reporting Allocating Income and Deductions, Calculating DNI, Understanding Reporting Rules for Trusts, and More THURSDAY, FEBRUARY 27, 2014, 1:00-2:50 pm Eastern IMPORTANT

More information

Negotiating Long-Term Ground Leases for Build-to-Suit Buildings

Negotiating Long-Term Ground Leases for Build-to-Suit Buildings Negotiating Long-Term Ground Leases for Build-to-Suit Buildings Jeffrey C. O Brien Mansfield Tanick & Cohen, P.A. 2011 Mansfield Tanick & Cohen, P.A. A. Introduction 1. Characteristics of a Ground Lease

More information

Renewable Energy Guidance & Application Form

Renewable Energy Guidance & Application Form RESOURCES Portfolio Renewable Energy & Application Form July 2013 Revision 0 Contents Section Page 1 Purpose 3 2 Scope 3 3 Background 3 4 4 Application Form 6 2 1 Purpose 1.1 This guidance note and application

More information

Estate and Trust Form 1041 Issues for Tax Return Preparers

Estate and Trust Form 1041 Issues for Tax Return Preparers Estate and Trust Form 1041 Issues for Tax Return Preparers Allocating Income and Deductions, Calculating DNI, Understanding Reporting Rules for Trusts, and More WEDNESDAY, FEBRUARY 27, 2013, 1:00-2:50

More information

Structuring Data Center Leases and Service Level Agreements

Structuring Data Center Leases and Service Level Agreements Presenting a live 90-minute webinar with interactive Q&A Structuring Data Center Leases and Service Level Agreements Navigating Unique and Complex Legal, Business and Technology Challenges THURSDAY, OCTOBER

More information

HIPAA Audits: Preparing for Phase 2 Audits for Covered Entities and Business Associates

HIPAA Audits: Preparing for Phase 2 Audits for Covered Entities and Business Associates Presenting a live 90-minute webinar with interactive Q&A HIPAA Audits: Preparing for Phase 2 Audits for Covered Entities and Business Associates Developing, Ensuring and Documenting HIPAA and HITECH Privacy

More information

Green Leases: Evolving Legal Issues for Commercial Landlords and Tenants

Green Leases: Evolving Legal Issues for Commercial Landlords and Tenants Presenting a live 90-minute webinar with interactive Q&A Green Leases: Evolving Legal Issues for Commercial Landlords and Tenants Negotiating and Drafting Cost-Effective and Environmentally Friendly Lease

More information

First Addendum RFP for Solar Photovoltaic Generating System RFP Depot Bid Number 0804-001

First Addendum RFP for Solar Photovoltaic Generating System RFP Depot Bid Number 0804-001 First Addendum RFP for Solar Photovoltaic Generating System RFP Depot Bid Number 0804-001 1. Section 18, Addenda and Interpretation, of the RFP is deleted in its entirety and replaced with the following:

More information

Negotiating and Navigating the Fraud Exception in Private Company Acquisitions

Negotiating and Navigating the Fraud Exception in Private Company Acquisitions Presenting a live 90-minute webinar with interactive Q&A Negotiating and Navigating the Fraud Exception in Private Company Acquisitions Key Considerations For Drafting a Fraud Exception to an M&A Contractual

More information

Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features:

Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features: Presenting a live 90-minute webinar with interactive Q&A Estate Planning Involving Resident and Non-Resident Aliens Navigating Estate, Gift and GST Tax Rules and Leveraging Estate and Lifetime Gifting

More information

VA Benefits and Medicaid Eligibility Meeting Complex Requirements for Benefits Qualification and Application

VA Benefits and Medicaid Eligibility Meeting Complex Requirements for Benefits Qualification and Application Presenting a live 90 minute webinar with interactive Q&A VA Benefits and Medicaid Eligibility Meeting Complex Requirements for Benefits Qualification and Application WEDNESDAY, JANUARY 30, 2013 1pm Eastern

More information

PURCHASE AND LEASING OF REAL PROPERTY IN THE UNITED STATES

PURCHASE AND LEASING OF REAL PROPERTY IN THE UNITED STATES PURCHASE AND LEASING OF REAL PROPERTY IN THE UNITED STATES A. INTRODUCTION By David L. Berkey, Partner Gallet Dreyer & Berkey, LLP Attorneys at Law New York City, USA The purchase and/or leasing of real

More information

Enterprise Risk Management for Hospital Systems: What Counsel Needs to Know

Enterprise Risk Management for Hospital Systems: What Counsel Needs to Know Presenting a live 90-minute webinar with interactive Q&A Enterprise Risk Management for Hospital Systems: What Counsel Needs to Know Leveraging ERM as a Strategic Business Tool WEDNESDAY, APRIL 4, 2012

More information

Financing a Ground Lease

Financing a Ground Lease Financing a Ground Lease 18 Essential Terms BY PAMELA V. ROTHENBERG and CHRISTOPHER M. IAVARONE Developers would do well to review these key provisions that sometimes are overlooked when writing a ground

More information

Financing Energy-Saving Improvements. Through The Florida Green Energy Works PACE Financing Program

Financing Energy-Saving Improvements. Through The Florida Green Energy Works PACE Financing Program Financing Energy-Saving Improvements Through The Florida Green Energy Works PACE Financing Program Who we are - Towns: - Lantana & Mangonia Park - Chambers: - Greater Boynton Beach Chamber of Commerce

More information

The increasing demand for cellular

The increasing demand for cellular Rooftop Lease Agreements Keys to Avoid Unintended Results By Robyn M. North The increasing demand for cellular and other wireless devices has significantly increased traffic on wireless networks and thus

More information

UCC Security Interests in Proceeds of Collateral

UCC Security Interests in Proceeds of Collateral Presenting a live 90-minute webinar with interactive Q&A UCC Navigating Attachment, Perfection and Priority and the Impact of a Debtor's Bankruptcy TUESDAY, OCTOBER 1, 2013 1pm Eastern 12pm Central 11am

More information

Form 8865: Foreign Partnership Income

Form 8865: Foreign Partnership Income Form 8865: Foreign Partnership Income Navigating Rules for Reporting Allocable Share of Foreign Income WEDNESDAY, NOVEMBER 13, 2013,1:00-2:50 pm Eastern IMPORTANT INFORMATION This program is approved for

More information

Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features:

Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features: Presenting a live 90-minute webinar with interactive Q&A RESPA Sec. 8 Enforcement: CFPB Scrutiny of Settlement Fees, AfBAs and Marketing Service Agreements Best Practices for Mortgage Lenders, Insurers,

More information

Solar Solutions Guide

Solar Solutions Guide Solar Solutions Guide Addressing building owner concerns Prepared by Executive Summary December 2015 About the Clean Coalition The Clean Coalition is a nonprofit organization whose mission is to accelerate

More information

North Ogden City. Staff Report

North Ogden City. Staff Report North Ogden City Staff Report To: Mayor and City Council From: Bryan Steele, Finance Director Date: 8/21/15 Subject: Agreement with Gunnerson Consulting and Communication Site Services, Inc Several months

More information

Allocating Capital Gains to Distributable Net Income in Estates and Trusts: Achieving Optimal Tax Treatment

Allocating Capital Gains to Distributable Net Income in Estates and Trusts: Achieving Optimal Tax Treatment Presenting a live 110-minute webinar with interactive Q&A Allocating Capital Gains to Distributable Net Income in Estates and Trusts: Achieving Optimal Tax Treatment WEDNESDAY, JULY 1, 2015 1pm Eastern

More information

Solar Power Purchase Agreements & Leases

Solar Power Purchase Agreements & Leases Solar Power Purchase Agreements & Leases Angela Lipanovich, Esq. March 7, 2012 Copyright 2012, Estriatus Law. All rights reserved. Conditions of Usage and Disclaimer 1 Estriatus Law grants the following

More information

WELCOME! SAME Energy and Sustainability Committee Cracking the Contracting Code for Large-Scale Solar Webinar

WELCOME! SAME Energy and Sustainability Committee Cracking the Contracting Code for Large-Scale Solar Webinar WELCOME! SAME Energy and Sustainability Committee Cracking the Contracting Code for Large-Scale Solar Webinar Committee Chair: Col. John Mogge, RA, F.SAME, USAF (Ret.), CH2M HILL Committee Vice Chair:

More information

Ipso Facto Clauses: Not Always Unenforceable in Bankruptcy

Ipso Facto Clauses: Not Always Unenforceable in Bankruptcy Presenting a live 90-minute webinar with interactive Q&A Ipso Facto Clauses: Not Always Unenforceable in Bankruptcy Navigating What the Code Does and Doesn't Prohibit,Leveraging Recent Conflicting Court

More information

Dated Tuesday, 24 March 2015

Dated Tuesday, 24 March 2015 Dated Tuesday, 24 March 2015 «PROJECT_NAME» Landlord(s (1 GREEN ENERGY COMMERCIAL LTD Tenant LEASE relating to premises known as «LOCATION» and the airspace thereabove PARTICULARS PART 1 : LAND REGISTRY

More information

11.437 Financing Community Economic Development Class 6: Fixed Asset Financing

11.437 Financing Community Economic Development Class 6: Fixed Asset Financing 11.437 Financing Community Economic Development Class 6: Fixed Asset Financing I. Purpose of asset financing Fixed asset financing refers to the financing for real estate and equipment needs of a business.

More information

OPERATING AGREEMENT for Member Managed BOARDMAN HILL SOLAR FARM LLC

OPERATING AGREEMENT for Member Managed BOARDMAN HILL SOLAR FARM LLC OPERATING AGREEMENT for Member Managed BOARDMAN HILL SOLAR FARM LLC INTRODUCTION This Operating Agreement ( Agreement ) is made and entered into by and between Boardman Hill Solar Farm LLC ( BHSF or the

More information

Negotiating Software as a Service Contracts

Negotiating Software as a Service Contracts Presenting a live 90-minute webinar with interactive Q&A Negotiating Software as a Service Contracts Guidance for Corporate and Technology Counsel for Structuring Effective SaaS Agreements TUESDAY, SEPTEMBER

More information

Negotiating Business Agreements via Email, Text and Other Electronic Communications

Negotiating Business Agreements via Email, Text and Other Electronic Communications Presenting a live 90-minute webinar with interactive Q&A Negotiating Business Agreements via Email, Text and Other Electronic Communications Avoiding Inadvertent Contracts; Navigating Issues of Enforceability,

More information

Data Privacy and Cybersecurity Due Diligence in M&A Deals

Data Privacy and Cybersecurity Due Diligence in M&A Deals Presenting a live 90-minute webinar with interactive Q&A Data Privacy and Cybersecurity Due Diligence in M&A Deals Identifying Vulnerabilities, Drafting Data-Related Provisions in M&A Agreements, Post-Acquisition

More information

BOOST PROFITS WITH SOLAR POWER:

BOOST PROFITS WITH SOLAR POWER: 1 BOOST PROFITS WITH SOLAR POWER: 5 Things Every Commercial Property Owner Needs to Know Before Investing in Rooftop Solar WHITEPAPER FEB. 26, 2014 2 TABLE OF CONTENTS Introduction...3 How Rooftops Can

More information

3-01 SUBORDINATED GROUND LEASES GROUND LEASES AND LAND ACQUISITION CONTRACTS

3-01 SUBORDINATED GROUND LEASES GROUND LEASES AND LAND ACQUISITION CONTRACTS -- By Emanuel B. Halper 3.01 What s a Subordinated Ground Lease? One reason why ground leases are interesting is that they differ so much from each other. A ground lease clause that is perfectly reasonable

More information

MICHIGAN ASSOCIATION OF MUNICIPAL ATTORNEYS An Affiliate of the Michigan Municipal League

MICHIGAN ASSOCIATION OF MUNICIPAL ATTORNEYS An Affiliate of the Michigan Municipal League MICHIGAN ASSOCIATION OF MUNICIPAL ATTORNEYS An Affiliate of the Michigan Municipal League Presents: Cell Tower Leases and Buyouts: A Municipal Perspective By John Pestle 5/25/11 MAMA 11 01 1 WELCOME Moderator:

More information

Stock Options in an Employee Stock Purchase Plan: Mastering the New IRS Regs Meeting the Comprehensive Rules for Plan Qualification and Tax Treatment

Stock Options in an Employee Stock Purchase Plan: Mastering the New IRS Regs Meeting the Comprehensive Rules for Plan Qualification and Tax Treatment presents Stock Options in an Employee Stock Purchase Plan: Mastering the New IRS Regs Meeting the Comprehensive Rules for Plan Qualification and Tax Treatment A Live 110-Minute Teleconference/Webinar with

More information

Save and Invest Owning Versus Renting

Save and Invest Owning Versus Renting Lesson 4 Save and Invest Owning Versus Renting Lesson Description In this lesson, students will compare buying and renting a place to live. Beginning with a brainstorming activity, students will explore

More information

Export Import Bank Financing Programs

Export Import Bank Financing Programs Export Import Bank Financing Programs The Export Import Bank of the United States (Ex Im Bank) is the official export credit agency of the United States. Ex Im Bank assists in financing the export of U.S.

More information

Structuring Solar Development Financing, Leasing and Operating Agreements for Commercial Properties

Structuring Solar Development Financing, Leasing and Operating Agreements for Commercial Properties Presenting a live 90-minute webinar with interactive Q&A Structuring Solar Development Financing, Leasing and Operating Agreements for Commercial Properties Reducing Legal Risk and Maximizing Client Income

More information

Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features:

Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features: Presenting a live 90-minute webinar with interactive Q&A Structuring Credit Tenant Lease Financing: Alternative to Traditional Real Estate Debt Financing Balancing the Interests of Developers, Lenders,

More information

FARM LEGAL SERIES June 2015 Bankruptcy: Chapter 12 Reorganization

FARM LEGAL SERIES June 2015 Bankruptcy: Chapter 12 Reorganization Agricultural Business Management FARM LEGAL SERIES June 2015 Bankruptcy: Chapter 12 Reorganization Phillip L. Kunkel, Jeffrey A. Peterson Attorneys, Gray Plant Mooty INTRODUCTION Chapter 12 was added to

More information

PlanData Systems Corporation / 11 Stewart Avenue / Suite 200 / Huntington, NY 11743. LeaseMan Software

PlanData Systems Corporation / 11 Stewart Avenue / Suite 200 / Huntington, NY 11743. LeaseMan Software PlanData Systems Corporation / 11 Stewart Avenue / Suite 200 / Huntington, NY 11743 LeaseMan Software Overview / PlanData s LeaseMan Software PlanData s LeaseMan software is designed to help the user track

More information

Dated 2011. (1) Waverley Borough Council (2) [NAME OF OCCUPIER] Solar Agreement. relating to [ADDRESS OF PROPERTY]

Dated 2011. (1) Waverley Borough Council (2) [NAME OF OCCUPIER] Solar Agreement. relating to [ADDRESS OF PROPERTY] Dated 2011 (1) Waverley Borough Council (2) [NAME OF OCCUPIER] Solar Agreement relating to [ADDRESS OF PROPERTY] THIS AGREEMENT is made on Date between: (1) the Landlord Waverley Borough Council whose

More information

Presents COMMERCIAL LEASES: LEASE STRATEGIES FOR TOUGH TIMES... OR ANY TIME

Presents COMMERCIAL LEASES: LEASE STRATEGIES FOR TOUGH TIMES... OR ANY TIME NYC BUSINESS SOLUTIONS Presents COMMERCIAL LEASES: LEASE STRATEGIES FOR TOUGH TIMES... OR ANY TIME Presented by: Stephen Falla Riff, Esq., Legal Aid Society, Community Development Project Rolando Gonzalez,

More information

Office Leasing: Agreement of Lease (Pro-landlord Long Form NY)

Office Leasing: Agreement of Lease (Pro-landlord Long Form NY) Office Leasing: Agreement of Lease (Pro-landlord Long Form NY) James I. Hisiger, Latham & Watkins LLP This Standard Document is published by Practical Law Company and is available on the PLC Real Estate

More information

Wind Energy Easement and Lease Agreements

Wind Energy Easement and Lease Agreements 2105 First Avenue South, Minneapolis, MN 55404 phone 612.870.3461 toll-free 800.946.3640 fax 612.813.5612 email info@windustry.org www.windustry.org Wind Energy Easement and Lease Agreements The following

More information

Ensuring HIPAA Compliance When Transmitting PHI via Patient Portals, Email and Texting

Ensuring HIPAA Compliance When Transmitting PHI via Patient Portals, Email and Texting Presenting a live 90-minute webinar with interactive Q&A Ensuring HIPAA Compliance When Transmitting PHI via Patient Portals, Email and Texting Protecting Patient Privacy, Complying with State and Federal

More information

Mobile Medical Devices and BYOD: Latest Legal Threat for Providers

Mobile Medical Devices and BYOD: Latest Legal Threat for Providers Presenting a live 90-minute webinar with interactive Q&A Mobile Medical Devices and BYOD: Latest Legal Threat for Providers Developing a Comprehensive Usage Strategy to Safeguard Health Information and

More information