Nonrecourse

12 Articles and Other Items Found

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The Guarantor's Dilemma [2013]mail

Carveout guarantors may have more to worry about than claims from co-investors. Read to see why in the world of nonrecourse carveout guaranties there’s never a dull moment.
Better Luck Next Time [2012]mail

Surprises can lurk in "ordinary" nonrecourse carveout guaranties.
Commercial Real Estate Loans: Negotiating Carve-Out Guaranties [2012]mail

Given today\'s trends toward an expansive interpretation of non-recourse carve-outs, guarantors and their counsel need to know how to negotiate these documents.
Guaranties Bite [2012]mail

Opportunistic loan purchasers are scrutinizing nonrecourse carveout guaranties, asserting claims against guarantors in ways no one could have envisioned. Find out why today's and tomorrow's deal sponsors may "just say no" when asked to sign these guaranties.
Bad-Boy Carveouts Speeding Foreclosures [2009]mail

Commercial Mortgage Alert interviewed Joshua Stein for a brief report on how nonrecourse carveouts affect loan enforcement in 2009. Click here to read the article.
Caveat Guarantor - Courts Rule Nonrecourse Carveouts Mean What They Say [2009]mail

Lenders have started to try to enforce "nonrecourse carveout guaranties" in litigation against guarantors. So far the lenders have done rather well. This article explores a recent case in New Jersey and some other issues that may arise in enforcing these guaranties.
Aozora Bank Case: Some Comments [2004]mail

Brief discussion of a California case denying a lender recovery for its attorneys' fees in enforcing a "nonrecourse carveout guaranty."
Perils of Subtenancy and a Roadmap for Recourse When the Sublandlord Defaults [2002]mail

Subleases can create subtle risks for subtenants. This article explains those risks and some legal theories that might help mitigate them, with some unexpected implications for nonrecourse financing
Lender's Model State-of-the-Art Nonrecourse Clause (With Carveouts) [1997]mail

This article identifies 37 possible carveouts to nonrecourse treatment for commercial real estate loans. It ranks those carveouts from the ordinary and typical to the extreme and unusual. The article also notes which carveouts typically make the guarantor liable for the entire loan, and which only require the guarantor to indemnify the lender for loss. The result: a reference point for comparison of any other nonrecourse clause./infoFrame.php?pdf=Lender_Model_State_of_Art_Nonrecourse_Clause_149.pdf
Nonrecourse Carveouts - How Far is Far Enough? [1997]mail

The logic of nonrecourse clauses. Just how far can you take it? And where does it end?
Nonrecourse Carveouts A to Z [1997]mail

In 1997, Joshua Stein put together a table summarizing and commenting on dozens of "carveouts" sometimes seen in loan documents. It appeared in his 1997 Real Estate Review article on carveouts, and is also reproduced separately here.
Nonrecourse Clauses Revisited [1992]mail

Why older nonrecourse clauses amount to "heads I win, tails you lose" for the borrower. An early statement of the rationale for nonrecourse carveouts.

Nonrecourse

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