Price Properties Better with Easy, Accurate CMAs from RPR

Extraordinarily tight labor markets causing staffing shortages and the recent dominance of the delta variant make it a less-than-sure bet the seniors housing industry reverts to pre-pandemic vigor by the close of 2021. Still, there’s sun on the horizon — 31 NIC MAP Primary Markets reported an increase in occupancy over the second quarter—and many industry observers feel bullish about the seniors housing industry’s long-term health.

PEIs, together with mortgage loans and mezzanine loans, are often a critical part of the capital structure used by sponsors to fund real estate ventures. The terms of PEIs can vary considerably. On one end of the spectrum are PEIs that are economically and functionally equivalent to a mezzanine loan, though structured as equity and not debt. On the other end of the spectrum are PEIs that are pari passu with the sponsor's equity. In any context, a PEI's equity is subordinate to all of the real estate venture's debts. PEIs typically earn a higher rate of return on the investment than debt financing. They may earn a share of cash flow beyond a stated rate of return and any capital appreciation. The preferred equity investor generally has consent over "major decisions" (the list of which can range from a small handful of items to an extensive list), may have buy-sell rights, forced sale rights or put rights, and typically have removal rights (the right to remove the managing member or general partner of the real estate venture and replace it with the PEI or its designee). Removal rights can run the gamut from being limited to bad acts or being performance-based. To achieve all the benefits of PEIs and mitigate the risks, counsel to investors and the recipient entity must negotiate and structure key terms that address matters such as exit strategy, remedies in the event of the entity's default, issues surrounding a change in control, and the impact of an entity bankruptcy. Also, counsel must anticipate and address tax implications for the entity and the investor in the PEI agreement. Listen as our authoritative panel prepares counsel to real estate lenders, investors, and borrowers to structure, enforce, or challenge PEI agreements in the current real estate market. The panel will compare and contrast PEIs vs. mezzanine financing. The panel will also outline the key points of negotiation and agreement provisions for the equity investor and the real estate developer, including remedies for default, change in control, exit strategy, the impact of bankruptcy, and tax implications.

Oftentimes insufficient time is factored in for project design and technical review and obtaining required government approvals. Developers may also not fully appreciate the challenges that will be faced in funding the development, structuring the condominium regime and negotiating with associations and surrounding property owners to address title, easement and cost-sharing agreements. Additionally, operational issues associated with an urban condominium development, such as parking, transportation, use restrictions, public space enjoyment, integration of different types of users and ongoing cooperation with governmental agencies, can present ongoing challenges.

What are your thoughts on growing your team? Feelings of uncertainty will always be there. But that didn’t stop Kendyl Young! Kendyl joined Dale Warner in June of last year and we’re pleased to share this wisdom with you. She is a real estate agent, a broker, and Realvolve’s Director of Excitement who goes back in time to the place where she realized that it was time to bring on her first assistant.