Sellers and borrowers involved in real estate transactions are customarily asked to sign indemnity agreements in favor of the title insurer. In April 2024, the Arizona legislature amended A.R.S. § 20-1591, which will impact...more
In a statement issued on September 13, 2023, Bloomberg Index Services Limited (“BISL”) announced that it is seeking feedback from lending market participants on a proposal to cease the publication of all or certain tenors of...more
LIBOR—the London Inter-bank Offered Rate—has been a key interest rate benchmark in commercial lending since the 1980s. LIBOR is derived from the interest rates at which major banks would lend to each other on a short-term...more
On April 30, the U.S. Federal Reserve provided updated terms for the $600 billion Main Street Lending Program (Main Street Program), which will now operate through three facilities: the Main Street New Loan Facility (MSNLF),...more
On August 13, 2018, the President signed the John S. McCain National Defense Authorization Act for Fiscal Year 2019, which includes the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). This new law amends...more
11/16/2018
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Joint Venture ,
National Security ,
NDAA ,
Real Estate Investments ,
Trump Administration
Over the last few months there have been several significant commercial law cases in Arizona. These have included four Court of Appeals and three Supreme Court cases, each addressing common loan document provisions and...more
7/18/2017
/ Attorney's Fees ,
Balloon Payments ,
Banking Sector ,
Choice-of-Law ,
Commercial Loans ,
Contract Terms ,
Deed of Trust ,
Foreclosure ,
Guarantors ,
Late Fees ,
Promissory Notes ,
Secured Debt
A recent Arizona Court of Appeals decision highlights a lien priority risk for secured construction lenders when the financed project fails. The problem—known as a “vendee lien”—is most likely to arise when up-front deposits...more
The 2010 Amendments to Article 9 of the Arizona Uniform Commercial Code are now effective.
UCC Amendments Pass Both Houses of the Arizona Legislature -
This alert was previously published on April 17,...more
SB 1046, which is Arizona’s version of the 2010 amendments to Article 9 of the Uniform Commercial Code (Secured Transactions) (UCC), has passed both Houses of the Arizona Legislature and may be signed by the Governor in the...more