Live Webinar

65-minute live streaming program
  • May 15
  • 1:00 - 2:05 pm EST

Also available as:

OnDemand Course

Subordination, Non-Disturbance and Attornment Agreements in Commercial Leasing

May 15

Gain an understanding of the objectives of an SNDA and the practical tips for drafting and negotiating them.

This highly informative topic is designed to enhance your knowledge and understanding of Subordination, Non-Disturbance, and Attornment Agreements (SNDAs) as well as Estoppel Certificates which are often ancillary thereto in today’s commercial lease environment. The program will discuss the importance of thoroughly reviewing these critical documents and the various provisions within each.

Learning Objectives

  • You will be able to review and analyze SNDAs more efficiently and cost effectively.
  • You will be able to identify the respective rights of the tenant, the lender and the landlord under SNDAs.
  • You will be able to discuss and explain why certain items/protections should be included or excluded from SNDAs during negotiations from the perspective of the tenant, the lender and the landlord.
  • You will be able to explain the importance of having SNDAs and Estoppel Certificates carefully reviewed by counsel.

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Why Lorman?

Over 37 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
  • Economics of Lease (e.g., Rent, Tenant’s Proportionate Share)
  • Historical Perspectives
Basic Concepts
  • What Is an SNDA?
  • Definitions
  • Significance
Subordination Lease Provision
  • Automatic (Existing and Future)
  • Commercially Reasonable Efforts V. Best Efforts V. Conditioned Upon Obtaining
Lender Perspective/Protections
  • Non-Responsibility
  • Payment Demand
  • Notice of Landlord Default/Cure Rights
  • Exculpation/Limitation of Liability
Tenant Perspective/Protections
  • Subordinate to the Mortgage V. Subordinate to the Lien of the Mortgage
  • Responsibility
  • Lender Consents/Approves Lease
  • If Tenant Made Party to Action, Indemnification by Lender
  • If Requested to Pay Lender, Tenant Not Liable/Landlord Acknowledgment
Landlord Perspective/Protections
  • Not Increasing Tenant’s Rights or Landlord’s Obligations Under the Lease
  • Not Decreasing Landlord’s Rights or Tenant’s Obligations Under the Lease
Estoppel Certificate
  • What Is It?
  • Significance
  • Tenant Perspective/Protections
Miscellaneous Issues
  • Recordation
  • Legal Description Attached
Conclusion and Questions
  • Importance
  • Not Ministerial/Perfunctory - Should Be Reviewed by an Attorney
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Why Lorman?

Over 37 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

Live Webinar Registration

  • AR CLE 1.0
     
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.0
     
  • 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 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.0
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
     
  • CT CLE 1.0
     
  • 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: 1.0 CLE credit(s).
     
  • HI CLE 1.0
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 VCLE credit hours.
     
  • MN CLE 1.0 (Pending)
     
  • This program has been submitted to the Minnesota Board of Continuing Legal Education. Approval pending.
     
  • NH MCLE 1.0
     
  • 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: 60 Minutes.
     
  • NJ CLE 1.3
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.3 hours of total CLE credit.
     
  • PA CLE 1.0
     
  • This program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.0
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
     
  • VT CLE 1.0
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hours of CLE credit.
     
  • WI CLE 1.0
     
  • This program has been approved by the Board of Bar Examiners for 1.0 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.3
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
     
  • CPE 1.2 including Business Law 1.2
     
  • 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: www.nasbaregistry.org. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 1.2 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Business Law for 1.2 hours. Prerequisite: basic knowledge of real estate law. 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.
     

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on November 20, 2019.

Call 1-866-352-9540 for further credit information.

  • AK CLE 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • Arizona CLE 1.5
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. 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, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CT CLE 1.0
     
  • 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: 1.0 CLE credit(s).
     
  • GA CLE 1.0
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
     
  • IL CLE 1.25
     
  • This course was approved for a total of 1.25 hours of MCLE Credit by the Illinois MCLE Board.
     
  • MO CLE 1.8
     
  • This course qualifies for self-study CLE credit in Missouri.
     
  • 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, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • PA CLE 1.0
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 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.
     
  • VT CLE 1.5
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

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

Who should attend?

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

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Why Lorman?

Over 37 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, Esq.

Jan Alan Lewis, Esq.

Cole Schotz P.C.

  • Member of Cole Schotz P.C.’s Real Estate Department
  • Over 40 years of experience, 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 (e.g., office, industrial, flex/warehouse, and retail) properties, including brokerage agreements, property management agreements, exclusive leasing agreements, estoppel certificates and subordination, non-disturbance and attornment agreements
  • 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
  • Achieved the highest rating in the Martindale-Hubbell Law Directory
  • 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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Why Lorman?

Over 37 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.

All of your training, right here at Lorman

All of your training, right here at Lorman.

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  • State Specific Credit Tracker
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Product ID: 411315
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