Month: November 2019

Mixed Economic News from the Construction Industry

11/25/2019Nicholos, George M.

Navigating mixed signals in the construction industry; the AIA’s Architecture Billings Index through September 2019 indicates generally flat but encouraging business conditions. Dated – No. Important – Yes. Why? The Architecture Billings Index (ABI) is a composite index derived from monthly report surveys from member firms located throughout the country reporting on activity of “work-on-the-boards.”… Read more »

Part 3: UNITED STATES DEPARTMENT OF AGRICULTURE PUBLISHES INTERIM FINAL RULE ON DOMESTIC HEMP PRODUCTION

hemp and medical cannabis

11/12/2019Gallo, Jonathan V.

Part III This article is the third in a three-part series discussing the United States Department of Agriculture’s (USDA) Interim Final Rule on the establishment of a domestic hemp production program recently published in the Federal Register (Rule). Perhaps recognizing the potential uncertainty in hemp production, the Rule makes clear that hemp producers do not… Read more »

Part 2: United States Department of Agriculture Publishes Interim Final Rule on Domestic Hemp Production

hemp and medical cannabis

11/11/2019Gallo, Jonathan V.

Part II This article is the second in a three-part series discussing the United States Department of Agriculture’s (USDA) Interim Final Rule on the establishment of a domestic hemp production program recently published in the Federal Register (Rule). Under the Rule, State or Tribal plans to regulate the production of hemp must include certain provisions. … Read more »

Part 1: United States Department of Agriculture Publishes Interim Final Rule on Domestic Hemp Production

hemp and medical cannabis

11/08/2019Gallo, Jonathan V.

Part I On Thursday, October 31, 2019, the United States Department of Agriculture (USDA), Agriculture Marketing Service (AMS) published an interim final rule (Rule) on domestic hemp production in the Federal Register. The Rule will remain effective through November 1, 2021, until the final rule is published, after a sixty-day public comment period and final… Read more »

Guarantor Provisions to Negotiate in Non-Recourse Financing

11/08/2019Crouch, Richard J.

Many commercial real estate loans are “non-recourse,” which means in general terms that foreclosing on the real estate securing the loan is the lender’s sole remedy for a borrower’s failure to repay the loan.  The lender is generally prohibited from suing the borrower entity or any individual guarantors to recover the unpaid debt or any… Read more »

Preemptive Wordsmithing: Considering Future Alterations of Commercial Property at the Outset

11/07/2019Crouch, Richard J.

Borrowers often envision future alterations to enhance the economic value of the commercial real estate asset, when closing the initial loan. Such alterations can be in the form of capital improvements, tenant improvements, renovations, and/or expansions of the facility. At term sheet negotiation, the borrower should consider the long-term and short-term plans for the property,… Read more »