Becker & Poliakoff

Commercial Lease and Loan Restructuring Task Force

Becker is committed to providing our clients with the practical, innovative and elegant legal solutions to keep their businesses moving forward. Whether facing the unforeseen challenges of a global pandemic or making the most of a bull market, Becker always implements a multi-disciplinary approach to offer our clients a fully informed perspective on a variety of complex real estate financing and leasing issues.

As COVID-19 continues to negatively affect the world’s economic health with  a particularly damaging impact on the commercial real estate industry, we believe a dedicated task force is necessary to fully support our clients facing real estate loan- and lease-related difficulties. Becker’s Commercial Lease and Loan Restructuring Task Force is comprised of attorneys from our Real Estate, Financial Services, Corporate, and Litigation practices who are well-versed in all aspects of lease and loan workouts, including:

  • Loan restructuring guidance. Advising borrowers and lenders on best practices for commercial real estate loan restructuring, including forbearance agreements, waivers, and other modifications.
  • Lease negotiations. Assessment of leases and guarantees, facilitating negotiations between landlords and tenants to develop mutually beneficial solutions and resultant documentation, including those relevant to the COVID pandemic.
  • Lease creation. Drafting and negotiating new leases designed to address post-pandemic health and safety requirements and force majeure provisions.
  • Litigation. Providing seasoned representation for all lease and loan-related litigation, including litigation concerning force majeure and business interruption provisions and foreclosure actions.
  • Liability assessment. Developing strategies to minimize risks for borrowers, tenants, and guarantors.
  • Bankruptcy counsel. Helping borrowers, landlords and/or tenants evaluate the impact of bankruptcy and advising clients during insolvency proceedings.