Articles Posted in Hotel Finance − Hotel Debt & Hotel Equity

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12 June 2015

Elizabeth Braman, Chief Production Officer at Realty Mogul, discusses crowdfunding for hospitality real estate projects and the benefits to investors in the following video.

Elizabeth spoke with David Sudeck, a senior partner in the JMBM Global Hospitality Group®, as part of our video interview series on hotel finance and investment opportunities in 2015.

A transcript is below the video.

Elizabeth Braman discusses financing hospitality deals through crowd funding - Meet the Money®

David Sudeck: I’m David Sudeck. I’m with Jeffer Mangels Global Hospitality Group®. We’re here at the 25th Annual Meet the Money® Conference. I’m here with Elizabeth Braman, Chief Production Officer at Realty Mogul. Welcome.

Elizabeth Braman: Thank you. CONTINUE READING →

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11 June 2015

Mike Cahill, CEO and Founder of Hospitality Real Estate Counselors and co-chairman of the Lodging Industry Investment Council, speaks in the video below about activity in the 2015 hospitality market, the current cycle and where we may be headed next, distressed hotel sales from lenders, and interest rates and other potential disruptors to the hotel industry.

Mike’s conversation with Bob Braun, a senior partner in the JMBM Global Hospitality Group®, is part of our video interview series on hotel finance and investment opportunities in 2015.

A transcript follows the video.

CahillThumbForBlog

Bob Braun: Hi, I’m Bob Braun. I am a Partner with Jeffer Mangels Butler & Mitchell, and I am here at Meet the Money® 2015, our 25th anniversary, and I am sitting with Mike Cahill, CEO and founder of HREC. Mike, thanks very much for coming and spending a little time with us.

Mike Cahill: Thank you for having us. CONTINUE READING →

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07 May 2015

Meet the Money® 2015 – Information, deals, reflection, and celebration
Conference presentations now available

JMBM’s Meet the Money® 2015, held at the Sheraton LAX in Los Angeles, wrapped up its 25th national hotel finance and investment conference this week. The hotel lawyers in JMBM’s Global Hospitality Group were fortunate to celebrate such a significant milestone (25 years!) at a time when the hotel industry is breaking all-time records – RevPar, Occupancy, Rooms Sold, Room Revenue, Transaction Value, you name it.

Hotel fundamentals are strong, interest rates rate are low, demand is strong, and hotel investors are happy! There was general consensus that the good times will continue for at least another year or two, and some think it could last even longer. It was truly a great pleasure to hear about all of the profitable and creative deals that are going on.

While everyone acknowledged that it’s a great time to be in the hotel industry, there was plenty of healthy reflection about lessons learned from the Great Recession as well as discussion about preparing for the inevitable downside of the current cycle.  Our speakers – a Who’s Who of the hotel world – represented an experienced and disciplined approach to hotel finance and investment.

You can read more about the conference in the column written by Stefani C. O’Connor in Hotel Business: With Eye to Horizon, Industry Optimism Remains at Meet the Money Conference.

Select Presentations Now Available for Free Download

We are pleased to share with you some of the presentations from the conference. To view a list of presentations, go to Hotel Industry Presentations on HotelLawyer.com.

Individual presentations include: CONTINUE READING →

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05 May 2015

The 2015 LIIC Top Ten: Hotel Investors Bask in Rare & Glorious Sunshine

Each year at Meet the Money® – the national hotel finance and investment conference, Mike Cahill announces the “LIIC Top Ten” – a profile of investment sentiment and attitudes for the hotel industry that is gathered through an annual survey of the Lodging Industry Investment Council (LIIC). LIIC is the hotel industry think tank whose members own or operate billions of dollars of hotel investments and involves all aspects of the industry. In fact, 60% of LIIC hotel owners successfully purchased a hotel in the last 12 months, and 47% currently have additional acquisitions under a purchase and sale contract.

Along with Mike Cahill of Hospitality Real Estate Advisors (HREC) and Sean Hennessey of Lodging Investment Advisors, I am pleased to be one of the co-chairs of LIIC. I am grateful to Mike Cahill for analyzing the survey results which result in the annual LIIC Top Ten.

Mike reported that the 2015 survey resulted in the most positive outlook of the hotel industry for the foreseeable future, since the LIIC surveys began!  Yes, there are concerns – the interest rate environment, the strength of the dollar, new supply among others – but for now, expectations are being met or exceeded, and LIIC members expect more of the same in the near future.

Appropriately titled, “Carpe Diem: Hotel Investors Bask in Rare & Glorious Sunshine,” you can click here to see Mike’s presentation. You will find it interesting. CONTINUE READING →

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11 January 2015

Click here for the latest articles on EB-5 Financing. 

 

JMBM is a Platinum Sponsor of the EB-5 Investors Conference in Las Vegas on January 17, 2015 and will moderate and talk about EB-5 for hotel development

JMBM’s Global Hospitality Group® is pleased to be a Platinum sponsor of the upcoming EB-5 Investors Conference at the Wynn Encore Resort in Las Vegas on January 17, 2015. This is one of the premier conferences on this subject in the entire United States.

Partner, Jonathan Bloch and I will moderate and participate in a panel on Hotel Development – Jonathan as a speaker, and myself as a moderator. In addition, JMBM’s Global Hospitality Group® Vice Chairman, Guy Maisnik and Partner, David Sudeck will be attending to meet with potential clients and friend to help explore this opportunity.

Our panel on EB-5 for Hotel Development will be from 11:30 am to 12:30 pm on Saturday, January 17, 2015. We hope you will join us for our session and reach out to us if you would like to get together to explore the EB-5 financing opportunity. We are able to help qualified premier developers source low-cost EB-5 financing for their project.

Why EB-5 and this Conference?

EB-5 financing is being used widely by some of the largest owners of hotels and restaurants, and we will be discussing how developers are taking advantage of this capital. EB-5 financing has provided developers with low-cost, non-recourse, five to six year financing for construction and development of new projects.

Whether you are new to EB-5 financing or have used it in the past, this one-day conference has something for everyone. CONTINUE READING →

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28 November, 2014
Click here for the latest articles on Condo Hotels
Condo hotels: Don’t forget the secret sauce!

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Jim Butler, Bob Braun and Guy Maisnik
Condo Hotel Lawyers

Condo hotels are back in vogue as “securities”

Developers particularly like the “new model” where condo hotel investments are offered as a “securities” using the new SEC Rule 506(c) for private placements with public solicitation.

Unfortunately, in their enthusiasm for this new model– which is well deserved – many developers will create dysfunctional structures that will be difficult or impossible to correct once they are put in place. These issues can all be avoided with an experienced team of experts who know and understand condo hotels.

What is right about this “new model”?

Condo hotels make sense in many situations. (See Condominium Hotels are hot! What is a Condo Hotel?) They can be a great financing device for developers, particularly at the luxury and high-end spectrum of hotel development. The “new model” of selling condo hotels as securities will clearly be the way to go in most situations. SEC Rule 506(c) is the key to this approach. (See: The “new breed” of condominium hotels — Key to financing new hotel development? Selling condo hotels as “securities” under new SEC Rule 506(c) . . .)

So what’s the problem?

With the right team of experienced experts, there is no problem. But some people don’t recognize the legal and business complexity of a condo hotel. Every mixed-use project introduces new dimensions of issues for development, design and operation. And a condo hotel adds an entirely new dimension of issues related to hotel operations, condo hotel operations, integration of the project components, design of the rental program and terms of participation by condo owners in that program. Who owns what? Who pays for what? Who gets to use what? How are these terms implemented in CC&Rs, HOA articles and bylaws, rental agreements, maintenance agreements, and the like? CONTINUE READING →

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05 November 2014
Click here for the latest articles on Condo Hotels

High end hotel development in 2015

Almost every developer of a high end or luxury hotel in 2015 will at least consider using the condo hotel approach as a financing technique for new development, conversion or adaptive reuse projects.

Anyone evaluating a condo hotel structure needs to know, that with recent changes in the law, there are now two different approaches available:

(1) Non-Security Approach — This is the traditional approach used for almost every condo hotel offering for the last 50 years. It requires that the offering avoid characterization as involving a “security. ” The article below (Using condo hotels for financing new hotel development: The traditional condo hotel structures as “non-securities”) describes this approach. It explains the original formula for condo hotels and, although published in 2005, it continues to provide accurate guidance as to what developers will have to do if they want to avoid treating the condo hotel units as securities.

(2) Security Approach (as a private placement) — The new approach, resulting from the recent change in SEC Rule 506(c), now makes if feasible for most developers to offer condo hotels in private placements to accredited investors with mandatory rental programs and other features that render them “securities.” (see Condo hotel revolution and resurgence: Why developers are using “new breed” of condo hotels for financing.)

We think that most developers will now take advantage of the second approach under the SEC’s new Rule 506(c). They will treat their offerings as private placements of investment contract securities, and avoid all the challenges they otherwise face in avoiding securities status under the traditional condo hotel approach. But look at both approaches and you be the judge!

CONTINUE READING →

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04 November 2014

Click here for the latest articles on Meet the Money® and here for Hotel Finance

Hotel finance experts and industry leaders
coming to your screen on “Meet the Money® TV”
The hotel finance lawyers in JMBM’s Global Hospitality Group® are pleased to announce the launch of Meet the Money® TV, featuring some of the hospitality industry leaders who attended Meet the Money®,  the national hotel finance and investment conference that takes place every May in Los Angeles.

On the Meet the Money® TV, you can:

  • See what our experts had to say about the current hospitality market.
  • Hear what they predict as future trends in the hospitality market.
  • Meet some of the people of Meet the Money®, including:

Donald Trump Jr. (The Trump Organization)
Robert Palleschi (Hilton Worldwide)
Stephen Rushmore (HVS)
Rob Stiles ( RobertDouglas)
Sam Winterbottom (Newmark Grubb Knight Frank)
Suzanne Mellen (HVS)
Geoff Davis ( HREC Investment Advisors)
Greg Hartmann (JJL)
Leah Murphy (HVS) CONTINUE READING →

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7 September 2014

Click here for the latest articles on EB-5 Financing. 

EB-5 Visas and China “Retrogression” – What’s it all about?

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Jim Butler and Jonathan Bloch
Partners, Jeffer Mangels Butler & Mitchell LLP

In the past, when China exceeded its 7% allocation of US Immigrant Investor Visas (EB-5 visas), Chinese applicants were permitted to take advantage of unused EB-5 visas allotted to other countries. But as of the last week of August 2014, the US State Department decided that the issuance of new EB-5 visas to Chinese applicants will be frozen or “retrogress” (move backward) until October 1, 2014, when the new fiscal year starts.

At that time, a new visa quota of 10,000 EB-5 visas (for all countries) will become available for the next fiscal year through September 30, 2015. China will again be allotted only 7% of these visas but most experts expect that Chinese investors will be permitted to access visas unused by other countries in accordance with practice over the past 3 years. This means that the 10,000 visa cut-off date likely will be reached much earlier in the fiscal year ending September 30, 2015, and this may significantly affect fundraising in 2014 and 2015.

EB-5 Visas and China “Retrogression” – What it means to you

If you have a new hotel development in the pipeline and you are on the fence about EB-5 financing, now is the time to act!

Why should this latest development in EB-5 financing concern you — a mere 5 week “freeze” on the issuance of EB-5 investment visas for China? If you want to use EB-5 financing as part of your capital stack for a project in 2015, it should concern you plenty for the following reasons:

  • China has been the dominant source of EB-5 capital for the last 3 years — more than a staggering 70% of EB-5 visa applications.
  • The freeze will only affect immigrants filing I-526 applications who are born in Mainland China. Of course, over time, other countries may fill any shortfall of investors from Mainland China but that may take 2-3 years or longer to develop the EB-5 infrastructure that makes foreigners aware of the program, motivates them to immigrate to the US and provides  EB-5 “capital delivery” system (marketing agents, immigration attorneys and the like) that can match China.
  • Anything that delays, retrogresses, or threatens the certainty of EB-5 financing from China creates uncertainty that is bad for all participants in the EB-5 financing world — the Chinese investors, US developers, and the communities that benefit from the realization of new projects, new jobs for US citizens, and economic stimulus.
  • If the EB-5 issues are not fixed quickly, an irreplaceable source of financing could be lost for US developers, communities may lose the benefit of major new projects (from hotels to conference centers and port facilities), Americans will forfeit hundreds of thousands of new jobs each year, and we will lose a critical source of highly-educated, wealthy immigrant talent as America faces a critical labor shortage of skilled workers in the near future.

Based on our experience of assisting developers with EB-5 financing for more than 60 projects, we are confident that there are both short term and longer term solutions to these problems which are discussed at the end of this article. But first, we need to recap the background and setting for the EB-5 program. CONTINUE READING →

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18 August 2014

Today, the Hotel Lawyers in JMBM’s Global Hospitality Group announced our 25th Annual Meet the Money® conference to be held May 4-6, 2015, at the Sheraton LAX. It’s hard to believe we are marking the 25th year of getting together with our friends in the industry for a couple of days where all participants share information, meet leaders in the industry and make deals. It will be an exciting conference and if you have not joined us at Meet the Money® in the past, we hope you will come find out what all the buzz is about in 2015! If you are a regular participant, I promise that 2015 will not disappoint!

 

JMBM’s Meet the Money® marks its 25th anniversary in 2015
National Hotel Finance & Investment Conference – May 4-6, 2015 in Los Angeles

LOS ANGELES – Meet the Money®, the premier national hotel finance and investment conference will convene for its 25th annual event on May 4-6, 2015 in Los Angeles. Since 1990, the conference has connected attendees with the industry’s top executives and leaders.

“When we established Meet the Money® 25 years ago, our purpose was to provide hotel developers and owners with a forum to meet capital providers and to gain insight on debt and equity financing,” said Jim Butler, Chairman of JMBM’s Global Hospitality Group®. “This milestone signifies our continued commitment to that vision.”

Each year, Meet the Money® brings together 400 hospitality executives and capital providers to discuss the latest trends in hotel finance in a casual and lively atmosphere.  Meet the Money® 2015 will provide the latest information on hotel industry fundamentals and numerous panel discussions by the industry’s top thought leaders and innovators. The conference will include two evening receptions, two breakfasts and lunches, and plenty of networking time to meet leaders and make deals. CONTINUE READING →

Contact Information
Jim Butler, Chairman
Global Hospitality Group®
Jeffer Mangels Butler & Mitchell LLP
(310) 201-3526 • jbutler@jmbm.com
www.HotelLawyer.com

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