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Tag Archives: Watkins Eager

Chambers USA Lawyers

Chambers and Partners publishes directories of the legal profession. Its research identifies the world’s leading lawyers and law firms – those that perform best according to the criteria most valued by clients. Lawyers cannot pay to be in the rankings. Rankings at state-level are based upon the location in which a firm or lawyer practices, regardless of where the clients, ...

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COMMERCIAL FINANCE 701 — The project equity morass

Ample equity is to project construction what grain is to whiskey. Equity can jumpstart a project and satisfy a critical lender financing requirement.  But just how much equity, from where, and at what price? Our hypothetical project is a 120-unit, to-be-constructed apartment complex on land under contract. Our developer has, wisely, formed a new single purpose entity, which we will ...

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COMMERCIAL FINANCE 701 — Swapping a floating rate for a fixed rate

In the commercial loan world, pricing is frequently tied to a floating (variable) rate index, which places the risk of a rising interest rate squarely on the borrower.  Depending on the term and size of the loan, the underlying financial strength of a borrower, risk aversion, and soothsaying predictions about the direction of interest rates, a borrower might want to ...

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COMMERCIAL FINANCE 701 — Real estate loans – HVCRE revisited

In the midst of all the recent investigations, pardons, Supreme Court rulings, and incessant breaking news, you might have missed a favorable change in federal banking law.  On May 22, Congress amended the Dodd–Frank Wall Street Reform and Consumer Protection Act (enacted in 2010), which revisions included significant tweaks to the High Volatility Commercial Real Estate (HVCRE) regulations governing commercial ...

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COMMERCIAL FINANCE 701 — The new federal banking sheriffs

On May 24, 2018, 489 days after his inauguration, President Donald Trump finally succeeded in placing appointees at the helms of the four major federal banking regulators.  The prospective immediate and longer term changes to be brought about by these new federal banking sheriffs bode well for banks, commercial lenders, and developers. BACK DROP: Barack, Elizabeth & Donald During the ...

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COMMERCIAL FINANCE 701 — A LIBOR Update: Here comes SOFR!

  Following the sounding of LIBOR’s death knell last summer, a flurry of governmental and industry activity culminated in the selection of SOFR as a replacement index rate for commercial loans.  Accordingly, a sequel of our August 2017 column “The Passing of LIBOR” is in order. London Interbank Offered Rate (LIBOR) Recall on July 27, 2017, the Brits prospectively announced ...

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COMMERCIAL FINANCE 701: The Passing of LIBOR

The death knell for LIBOR officially sounded on July 27, 2017, when the UK’s Financial Conduct Authority broadcast it would cease maintenance of the internationally-used interest rate benchmark beyond December 31, 2021.  The surprise announcement was surprising only as to the timing of the press release and the sunset date.  The Wall Street Journal dissed the rate back in 2008 ...

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COMMERCIAL FINANCE 701 — The powerless power of attorney

The long-awaited closing date on the $21.5million commercial construction loan is finally here.  Construction projects involve numerous moving parts. By the time a loan closing occurs, the out-of-pocket developer on the project awaits a hefty advance. The borrower, a Mississippi limited liability company, has two members – one of whom serves as the managing member.  The managing member is present ...

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COMMERCIAL FINANCE 701 — The outlook in Mississippi for 2017

Michael Lewis’ new book – The Undoing Project – should be the starting point for any projections about commercial finance in Mississippi during 2017.  The book underscores our defective reasoning process that routinely (1) underestimates uncertainty, (2) places too much weight on limited observations, and (3) ignores biases.  With those caveats in mind, we guesstimate the outlook for commercial finance ...

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WE LAW — Trademark basics for your company

Imagine that after years of work and preparation, your business is ready to expand.  While planning your company’s growth, you discover something unsettling. Another similar business with the same (or nearly the same) name is located in a nearby state.  Worse still, it claims to have a federally-registered trademark.  Your expansion plans may be on hold. For most small businesses, ...

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