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Hospitality

Hospitality image, hotel lobby

Hospitality

Seasoned Counsel for Hotel Ownership and Operations Success

Businesses in the hospitality industry need to carefully and meticulously structure transactions that create alignment between hotel owners, management, and lenders.

Perkins Coie’s Hospitality industry group has extensive experience in every facet of hotel ownership and operations. Our involvement with a wide range of hospitality brands and transaction types empowers our clients to improve their hotels’ value and marketability.  

Our team of lawyers has been instrumental in advising clients on single-property and large-scale transactions encompassing hundreds of hotels and distinguished brands in North America, the Caribbean, Europe, and Australia, reflecting a cumulative value in the tens of billions of dollars. 

Known for our active bankruptcy and restructuring practices, we are proud to have played a key role in many hotel-related lawsuits, including the well-known RadLAX Gateway Hotel, LLC et al. v. Amalgamated Bank case. Our firm represented the RadLAX Gateway Hotel at all stages of its Chapter 11 reorganization proceedings. This resulted in a successful argument before the Supreme Court of the United States. 

How we help clients

  • Acquiring, developing, and rebranding properties.
  • Negotiating management and franchise agreements.
  • Financing and managing assets.
  • Restructuring and workouts.
  • Bankruptcy and hotel-related litigation.

Areas of Focus

Comprehensive Transactional Counsel to the Hotel Industry

In advising our clients on hotel acquisitions, we concentrate on crafting the right terms, optimally managing the assets, securing and seizing financing and refinancing opportunities, and structuring joint ventures or sales for maximum advantage. 

We understand that these long-term management agreements can significantly influence the value of properties and the ability to effectively market and finance hotels. Therefore, we are dedicated to guiding our clients through the negotiation of these critical contracts. Should an asset management issue between hotel owners and managers surface, we will work alongside our clients to find viable solutions. 

Financing Hotel Acquisitions

Hotel acquisition financing comes with a unique array of issues. Our team has adeptly navigated the placement of corporate debt, the issuance of mortgage-backed securities, and various forms of international and domestic property-level financing. We handle each challenge with the skill needed to bring together the interests of owners, lenders, and management companies. This ensures that every transaction is resolved quickly and at a low cost. 

Hotel Restructuring and CMBS Representation

Our firm is home to one of the most prolific hotel restructuring and commercial mortgage-backed securities (CMBS) practices in the nation. We are committed to guiding our clients through the complexities of negotiating new franchise agreements and divesting financially encumbered properties. Our representation spans the full spectrum of CMBS special servicing, from foreclosure proceedings to loan adjustments. 

Litigating Hotel Disputes Nationwide 

Our clients look to us to help them evaluate their litigation positions and pursue legal remedies when disputes arise. We have represented a variety of clients in hotel bankruptcies and reorganizations in state and federal courts, including the Supreme Court. 

Planning for Coronavirus (COVID-19) Effects on the Travel Industry

The COVID-19 pandemic is still going on. It has a big impact on both national and global travel. This will be a big problem for the U.S. travel industry. Travel limits, rules to stay where you are, and ways to keep away from people have made Americans more wary of flying. They are worried about getting the virus. 

The hospitality sector has been hit hard by the decrease in travel and the cascade of flight, event, and tour cancellations. Such challenges demand that we, as hotel owners, lead constructive dialogues with our stakeholders—lenders, investors, managers, and franchisors alike—to effectively manage the financial implications brought on by COVID-19. 

To deal with this new challenge, many hospitality companies have asked for help through the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). These programs include the Paycheck Protection Program (PPP) and Main Street Lending Program. Changes to the rules have been frequent, so it is important for hotel and lodging companies to remain vigilant and well-informed regarding the evolving eligibility criteria, loan proceeds, and documentation requirements for these programs. 

Hotel owners and operators should consider the following: 

  • The extent to which the hotel’s occupancy and revenue are linked to tourism, particularly international tourism 
  • Are there emergency financing or rescue capital options that can be pursued to address company operations and liquidity needs in the short and long term? 
  • What insurance policies can cover losses from COVID-19? 
  • How can operations be improved to support our employees, whether working remotely or in the workplace? 
  • What loan modifications or financing arrangements may be helpful? 
  • What rights does a company have under its management agreement to consider? 
  • What opportunities may exist to obtain new hotels or other assets or businesses in a capital markets-constrained environment? 
Related Services Construction Financial Transactions Land Use & Development Litigation Mergers & Acquisitions Native American Law & Policy Private Capital Real Estate & Land Use Real Estate Finance Related Industries CMBS and Real Estate Workouts Financial Institutions
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