2019 U.S. Shopping Center Law Conference

October 23, 2019 - October 25, 2019
Marriott Marquis San Diego Marina
San Diego, California
Mark S. Levenson, Clint Kakstys
International Council of Shopping Centers
Enhance Your Credit: Lease Guaranties, Security Deposits and Other Performance Enhancements (Mark Levenson)
In this interactive workshop, we will discuss the various ways a landlord can help to ensure performance under a lease. Through discussion of the use of guaranties, security deposits (both cash and letters of credit), and bonds and self-help rights, we will explore how to enhance the credit supporting a lease as well as pointers on drafting these provisions. We will present examples of these credit enhancements; how they work and can help in a lease; and the potential pitfalls associated with each alternative.

Lenders and Landlords and Tenants, Oh My! – Balancing the Competing Interests in Estoppels, SNDAs and Recognition Agreements (Clint Kakstys)
What role does each party play in the negotiation of estoppels, SNDAs and recognition agreements? In this workshop we will discuss the common pitfalls and pressure points for each party. We will also discuss strategies for compromise and overcoming issues in order to make each party (relatively) happy.