This briefing by Osborne Clarke LLP considers the impact of the Building Safety Act 2022 on financing for tall buildings with a residential element (in England only).  It explores some of the issues that lenders will need to consider in structuring, investigating and documenting the debt financing of such buildings.

We have published updated versions of the LMA intercreditor agreement for real estate finance transactions, and the LMA intercreditor agreement for real estate finance transactions (contractual subordination only). 

Amendments have been made to these documents to reflect the transition to risk-free rates as well as the UK's withdrawal from the European Union. 

The LMA has released an updated version of its Senior/Mezzanine Facility Agreement Drafting Guide for Real Estate Finance Transactions (the Drafting Guide). The amendments at Section 6 (Mezzanine drafting: Mark-up) of the Drafting Guide reflect the changes to the underlying document (the LMA's recommended form of senior single currency term facility agreement for real estate finance multi-property investment transactions), which was updated in September 2022 to provide for the use of a compounded risk-free reference rate.  It should be noted that the form of the mezzanine facility agreement provided at Section 6 of the Drafting Guide has not itself been amended.

In this briefing, Clifford Chance explore the evolution of securitisation financing of commercial real estate (CRE) in Europe with the rise of new collateralised loan obligation structures (CLOs) as an attractive alternative source of term funding for non-bank lenders.