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Banking and Finance Law

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University of Michigan Law School

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Full-Text Articles in Law

Mezzanine Finance And Preferred Equity Investment In Commercial Real Estate: Security, Collateral & Control, Jon S. Robins, David E. Wallace, Mark Franke Jan 2012

Mezzanine Finance And Preferred Equity Investment In Commercial Real Estate: Security, Collateral & Control, Jon S. Robins, David E. Wallace, Mark Franke

Michigan Business & Entrepreneurial Law Review

This article will review both the genesis and the rise in popularity of preferred equity and mezzanine debt, examine their legal and structural differences, and provide some exposition as to how these financing techniques work from security, collateral and control standpoints. We do not undertake in this article to address the differences in tax and accounting treatment between mezzanine loans and preferred equity investments both for either the mezzanine lender or preferred equity investor on the one hand, or for the mezzanine borrower or the common equity investor, on the other hand. In deciding upon which structure to use, transaction …


The Feasibility Of Debt-Equity Swaps In Russia, Thomas M. Reiter Jan 1994

The Feasibility Of Debt-Equity Swaps In Russia, Thomas M. Reiter

Michigan Journal of International Law

This Note examines the origins, development, and mechanics of debt-equity swap programs in Latin America before discussing the various goals and policy considerations involved in formulating debt-equity swap programs. Next, the Note describes Russia's debt situation and sketches the outlines of a debt-equity swap program that will reduce Russia's foreign debt while stimulating foreign direct investment.


Principal And Surety -Application Of Payments By Creditor When Source Of Funds Is Known, William H. Buchanan S.Ed. Apr 1946

Principal And Surety -Application Of Payments By Creditor When Source Of Funds Is Known, William H. Buchanan S.Ed.

Michigan Law Review

X, contractor on a housing project, sublet the painting work to Y. Y purchased paints from Z and also borrowed money from Z to pay his laborers until payments began to come in. Pursuant to an agreement between Y and Z, Y turned over checks received from X to Z, and these checks were applied against the debt owing for the money loaned to Y by Z. Z, as materialman and as beneficiary of an ordinary bond to pay labor and materials, sued X and the surety on the bond. Held, Z was …