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90-minute live streaming program
  • August 9
  • 1:00 - 2:30 pm EST

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Audio & Reference Manual

Guaranties: Landlord and Tenant Perspective

August 9

Know the pros and cons of the use of guaranties from the perspective of both the landlord and the tenant.

This highly informative topic is designed to enhance your knowledge and understanding of how various types of guaranties are addressed in today's commercial lease environment. I will explore the pros and cons of the use of guaranties from the perspective of both the landlord and the tenant, as well as discuss the importance of thoroughly reviewing these critical documents and the various provisions within them.

Learning Objectives

- You will be able to describe how to better negotiate the various types of guaranties from both the landlord's and the tenant's perspective.

- You will be able to recognize more easily various types of guaranties typically found in commercial lease transactions, how they differ and how each could be beneficial/non-beneficial to the landlord and/or the tenant.

- You will be able to discuss and explain why certain items should be included or excluded from guaranties during negotiations from both the landlord's and the tenant's perspective.

- You will be able to review and analyze guaranties more efficiently and cost effectively.

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Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

General Overview
  • Letter of Intent/Term Sheet
  • Parties' Leverage
  • General Economic Conditions
  • Specific Location of Premises
  • Desirability of Particular Property
  • Tenant's Net Worth/Creditworthiness/Financial Condition
Basic Concepts
  • Security Deposit Cash and/or Letter of Credit
  • Guaranty as Additional Security
  • Lease Provision
  • Separate/"Stand Alone" Document vs. "Joinder"
  • "Jointly and Severally" vs. "Jointly, Severally and Collectively"
  • Primary Liability
Types of Guaranties
  • Corporate vs. Personal
  • Full vs. Limited
Landlord Perspective/Protections
  • "Tail" [e.g., "X" Months After Expiration/"Surrender Date" (e.g., Curing Violations of Law, Paying Any Fines/Penalties and Paying/Bonding of Liens)]
  • Analysis of Standard Form Guaranty/Provisions
Tenant Perspective/Protections
  • Death of Guarantor
  • New/Replacement Guarantor (i.e., Assignment of Lease to Entity Not Related to Tenant)/Release
  • "Reasonable" Attorneys' Fees
  • Guarantor to Receive Notice of Tenant Default
  • "Without Giving Effect to/Taking Into Consideration Any Acceleration of Rent"
  • If Lease Assigned to Unaffiliated Third Party, Guarantor Liability Should Not Be Increased or Expanded Beyond Liability of Guarantor Which Existed at Time the Lease Was Assigned
Miscellaneous Issues
  • Reaffirmation of Guaranty in Lease Amendments/Modifications
  • Termination Landlord to Mark Guaranty "Canceled" and Return to Guarantor
  • Designate Tenant as Agent for Service of Process
  • Designate Agent for Service of Process
  • Guarantee of Payment vs. Guaranty of Collection
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Live Webinar Registration

  • AL CLE 1.5 (Pending)
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CO CLE 2.0
     
  • This program may qualify for 2.0 credit hours through the Colorado Supreme Court Board of Continuing Legal and Judicial Education through reciprocity. This course is accredited in other jurisdictions such as New Jersey. To receive CLE credit for this program, a home study affidavit must be submitted to the Supreme Court Board of Continuing Legal and Judicial Education.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • GA CLE 1.5
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours.
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • MS CLE 1.5 (Pending)
     
  • This program has been submitted to the Mississippi Commission on Continuing Legal Education. Approval pending.
     
  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • TN CLE 1.5 (Pending)
     
  • This program has been submitted as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.5 hours of credit.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of Law & Legal Procedure credit.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • CPE 1.8 including Finance 1.8
     
  • Lorman Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: https://www.nasbaregistry.org/cpas/complaints. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 1.8 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Finance for 1.8 hours. Prerequisite: . Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group Internet Based. Please refer to the information in this brochure for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board. Please note: In order to receive CPE credit for this course you MUST use the streaming audio option, as well as enable and complete the required progress checks.
     
  • Lorman Business Center, Inc. is a registered provider for CPA CPE through the State Education Department of New York, Sponsor number: 000640. The following course will carry the subject area of Specialized Knowledge and Applications for 1.5 hours.
     

Audio & Reference Manual

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Who should attend?

This live webinar is designed for attorneys, property managers, building owners and managers, real estate professionals, landlords, presidents, vice presidents and accountants.

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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Jan Alan Lewis

Jan Alan Lewis

Cole Schotz P.C.

  • Member of Cole Schotz P.C.’s Real Estate Department
  • Concentrating in commercial office and industrial leasing, representing both landlords and tenants, on a local, regional and national basis
  • Handled various complex real estate transactions on behalf of prominent owners, developers and companies throughout the United States, and has frequently been retained as local counsel to represent tenants with respect to their leases
  • Responsibilities include the preparation, review and negotiation of leases and related documents for commercial (including office, industrial, warehouse and retail) and residential properties, brokerage agreements, and contracts of sale for the purchase and sale of commercial and residential properties
  • Member of the National Association of Industrial and Office Properties, as well as the New Jersey State Bar Association, New York County Lawyers’ Association and the American Bar Association
  • Frequent lecturer and author of numerous articles on the subject of commercial leasing
  • J.D. degree, Temple University Beasley School of Law; B.A. degree, summa cum laude, Lehigh University
  • Can be contacted at 201-525-6228 or [email protected]
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Product ID: 403929
Published 2016, 2018
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