Subordination, Non-Disturbance, and Attornment Agreements: Drafting to Protect Lenders, Tenants, and Landlords
A live 90-minute premium CLE video webinar with interactive Q&A
This CLE course will discuss the purpose and objectives of subordination, non-disturbance, and attornment agreements (SNDAs) for all key stakeholders--lenders, tenants, and landlords. The panel will outline best practices for drafting and negotiating SNDAs and other related provisions such as estoppel certificates.
Outline
- Overview of SNDAs and their objectives
- Subordination provisions
- Non-disturbance provisions
- Attornment provisions
- Additional provisions that are often included in SNDAs (estoppel, notice, use of property, casualty insurance proceeds)
Benefits
The panel will review these and other key issues:
- The lender's objectives in negotiating the SNDA agreement and how the lender can protect the future rental stream of the property
- The tenant's objectives beyond non-disturbance of possession of the premises and rights they should seek to negotiate
- The landlord's objectives in drafting and negotiating the SNDA agreement
Faculty
Jason T. Polevoy
Partner
Seyfarth Shaw
Mr. Polevoy is a versatile real estate practitioner with over two decades of experience encompassing a wide range of... | Read More
Mr. Polevoy is a versatile real estate practitioner with over two decades of experience encompassing a wide range of transactional areas. His comprehensive background includes commercial leasing, sales, acquisitions, joint ventures, financing (both debt and equity), restructurings and workouts, as well as management, construction, and architect agreements. Known for his ability to adeptly navigate various realms within real estate law, Mr. Polevoy leverages a high-caliber "big law" skill set to provide invaluable legal guidance to clients from diverse industries—spanning office, retail, hospitality, life science, industrial, and multifamily. He is a Co-Chair of the Commercial Leasing Committee of the New York State Bar Association and Past Chair of the Real Property Law Committee of the New York City Bar Association.
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Lisa M. Zana
Partner
Shipman & Goodwin
Ms. Zana’s commercial real estate clients are situated throughout the U.S. with a focus on New York’s... | Read More
Ms. Zana’s commercial real estate clients are situated throughout the U.S. with a focus on New York’s tri-state area, and include private developers, public companies, institutional owners, banks, and lessees of millions of square feet of real estate across the country in the luxury residential, mixed-use, retail, commercial office, data centers and colocation facilities, hotel and hospitality, healthcare and higher education industries. Her specific experience and areas of focus include: representing public and private companies that use millions of square feet of real estate, in negotiating build-to-suit and credit-tenant office leases, development agreements and state tax incentive agreements; acquiring, selling, financing and leasing data centers and colocation facilities; negotiating ground leases; negotiating retail leases on behalf of developers and the end retail users; arranging for and negotiating debt and equity financing; and negotiating corporate- and property-level acquisitions and sales.
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