Programmatic Real Estate Joint Ventures: Deal Structures, Negotiation Strategies, Recent Trends and Developments
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will explore programmatic real estate joint ventures (JVs) and how they differ from traditional, single investment JV relationships, alternative structures for programmatic JVs, and key JV agreement terms to consider and negotiate. The program will address these issues from the perspectives of counsel for the developer/operator and counsel for the capital investor.
Outline
- Overview of trends in the market
- Programmatic JV structures
- Deal sharing and exclusivity
- Investor discretion to approve deals
- Pooling of economics, distribution of returns, payment of promote, and clawback provisions
- Governance issues
- Financing guaranties and related issues
- Default remedies and removal rights
- Deadlocks, lockouts, and exit provisions
Benefits
The panel will review these and other key issues:
- What are the typical structures used in programmatic JVs for real estate investment?
- How can the parties bridge the gap between disparate objectives with respect to deal sharing and exclusivity?
- How do the issues shift with respect to single vs. pooled investment and the corresponding distribution and clawback of promotes?
- How do competing expectations of operators and capital investors regarding governance issues, guaranties, and exit rights typically get resolved in various structures?
Faculty
Daniel B. Guggenheim
Member
Mintz Levin Cohn Ferris Glovsky and Popeo
Mr. Guggenheim is an accomplished commercial real estate attorney who focuses his practice on traditional real... | Read More
Mr. Guggenheim is an accomplished commercial real estate attorney who focuses his practice on traditional real estate matters, such as acquisitions, dispositions, and financings. His practice also encompasses complex investment structuring involving joint ventures, preferred equity, participations, syndications, co-investments, parallel vehicles, private REITs, and discretionary funds. In addition to his practice, Mr. Guggenheim serves as a lecturer in law at USC’s Gould School of Law, where he teaches the real estate joint ventures course and regularly guest lectures for the real estate transactions and finance course. He also frequently speaks about commercial real estate topics in webinars and at conferences and contributes articles to real estate and legal publications.
CloseChris W. Smith
Of Counsel
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo
Mr. Smith has a multifaceted commercial real estate practice that encompasses a broad spectrum of acquisitions,... | Read More
Mr. Smith has a multifaceted commercial real estate practice that encompasses a broad spectrum of acquisitions, dispositions, financings, restructurings, and leasing. He draws on his extensive in-house experience to counsel clients on all aspects of real estate matters related to multifamily, office, hotel, and retail properties. Prior to joining the firm, Mr. Smiht was general counsel of a New York City–based real estate development and investment company. His role included advising on legal issues related to property acquisitions and sales across the U.S. and custom multi-partner equity partnerships that often incorporated complex 1031 exchange structuring and tenancy-in-common arrangements. He also handled development financings, refinancings, debt restructurings, and equity recapitalizations.
CloseMichael D. Soejoto
Member
Mintz Levin Cohn Ferris Glovsky and Popeo
Mr. Soejoto’s practice focuses on commercial real estate joint ventures, funds and other partnerships and... | Read More
Mr. Soejoto’s practice focuses on commercial real estate joint ventures, funds and other partnerships and strategic relationships. He has extensive experience handling the federal income tax aspects of real estate transactions and real estate–related investments. Mr. Soejoto represents private equity and hedge funds, real estate investment trusts (REITs), private and institutional investors, and owners and developers of commercial real estate properties. He also advises clients on California real property and documentary transfer tax issues.
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