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Trump Files Suit Against Lenders Developer Seeks to Extend $640 Million Loan on a Chicago Skyscraper Wsj.com By ALEX FRANGOS Tall Trouble: Donald Trump's Chicago skyscraper project, the Trump International Hotel & Tower, during construction in July. Mr. Trump is suing to extend a $640 million senior construction loan on the 92-story Trump International Hotel & Tower from a group of lenders led by Deutsche Bank AG and including a unit of Merrill Lynch & Co., Union Labor Life Insurance Co., iStar Financial Inc., a publicly traded real-estate investment trust, and Highland Funds, a unit of Highland Capital Management LP. The tower, which contains 339 hotel rooms and 486 condominiums, will be the second-tallest building in the U.S. behind Chicago's Sears Tower and is expected to be completed in mid-2009. The hotel, on the lower floors, opened earlier this year. But sales of both the hotel rooms and the condominiums have come in below original estimates and the project's current projected revenue remains short by nearly $100 million needed to pay off the senior lenders. The lawsuit, filed in New York State supreme court in Queens, is a further indication of the dysfunction in the real-estate lending markets as borrowers and lenders struggle to resolve troubled projects. People familiar with the matter say the lender group, which is made up of more than a dozen institutions, was unable to agree on the extension. The suit demands -- among other things -- that an extension provision in the original loan agreement be triggered because of the "unprecedented financial crisis in the credit markets now prevailing, in part due to acts Deutsche Bank itself participated in." This so-called force majeure provision is common in contracts and can be applied to acts of war and natural disasters. Mr. Trump already extended the loan once in May. From the Archives Mr. Trump asked for $3 billion in damages. The suit won't affect construction of the project, according to people familiar who say there is enough money to complete the $90 million work that is left. The suit says Mr. Trump attempted to resolve the impasse by offering to buy the project's unsold hotel units for $97 million. That money would be used to pay down the construction loan, along with the $204 million in proceeds from closed units and the $353 million that is expected from units that close in the next six months. A Deutsche Bank spokesman declined to comment. Mr. Trump has put $77 million of his own equity into the tower, which he would stand to lose in a potential foreclosure. Other than a $40 million guarantee to complete the project, Mr. Trump has no recourse obligations to the project. A Trump spokesman declined to comment. [Trump, Donald] Deutsche Bank originated the construction loan in 2005 and sold off most of it to others, retaining less than $10 million of exposure on that loan. The suit alleges that Deutsche Bank compromised the senior construction loan by selling pieces off to "so many institutions, banks, junk bond firms, and virtually anybody that seemed to come along," that the lending group is unable to come to a consensus on how to deal with the matter. It also alleges Deutsche Bank created a "serious conflict of interest" by taking a separate stake in the project's so-called mezzanine loan that was originated by private-equity firm Fortress Investment Group. The mezzanine loan, which is junior to the senior construction loan, had an original principal of $130 million but will eventually accrue to $360 million. Deutsche Bank purchased roughly one-quarter of the mezzanine loan, according to people familiar with the matter. The suit names the mezzanine lenders as defendants, including Fortress and its affiliates, Newcastle Investment Corp. and Drawbridge Special Opportunities Fund, as well as Dune Capital Management and Blackacre Institutional Capital Management, the real-estate arm of Cerberus Capital Management. Fortress didn't respond to a request for comment. The other lenders declined to comment. Unless sales of the condo and hotel units restart despite the worst housing market in generations, and quickly generate $400 million in new sales, it will be difficult for the project to pay off the mezzanine loan, which comes due in May 2009.

Ottawa voit grand Mise à jour le lundi 26 avril 2010 à 23 h 49 Photo: La Presse Canadienne /Adrian Wyld Le ministre conservateur, Peter Van Loan. (archives) Le ministre fédéral du Commerce international, Peter Van Loan, a indiqué à la Presse canadienne que les négociations entre le Canada et l'Union européenne (UE) pourraient mener à un pacte plus élaboré encore que l'Accord de libre-échange nord-américain (ALÉNA). Ce que nous recherchons, c'est l'entente commerciale la plus ambitieuse que nous ayons jamais conclue. — Le ministre Peter Van Loan Selon le négociateur en chef du Canada, Steve Verheul, les négociations en vue de conclure l'Accord économique et commercial global (AECG) progressent bien. Les deux parties en sont à la troisième ronde de pourparlers, et deux autres ont été planifiées. Le ministre Van Loan souhaite que l'accord soit entériné d'ici la fin de 2011. La délégation canadienne compte quelque 60 personnes. À la demande de l'UE, des représentants des provinces canadiennes en font partie en tant que partenaires à part entière. Selon Scott Sinclair, un chercheur pour le Centre canadien de politiques alternatives, les délégués européens souhaitent notamment éliminer le système de régulation de l'offre dans les secteurs des produits laitiers et de la volaille, et la Commission canadienne du blé. En retour, croit-il, le Canada pourrait exporter une plus grande quantité de matières premières en Europe. Un marché important L'ancien ministre libéral John Manley, maintenant à la tête du Conseil canadien des chefs d'entreprise, fait observer que le Canada a besoin de diversifier son commerce international et que dans ce contexte, une entente avec l'Union européenne, dont l'économie ressemble à celle du Canada, pourrait générer d'intéressantes retombées. Le gouvernement canadien estime que l'entente ferait bondir le produit intérieur brut (PIB) du Canada de 12 milliards de dollars d'ici 2014. En 2008, les exportations canadiennes en Europe se sont chiffrées à 52 milliards de dollars, un montant plutôt modeste compte tenu de la taille du marché. L'Union européenne, un marché d'un demi-milliard d'habitants répartis dans 27 pays, a un PIB de 19 milliards de dollars. Le premier ministre du Québec, Jean Charest, est un ardent défenseur d'un accord de libre-échange entre le Canada et l'Union européenne. http://www.radio-canada.ca/nouvelles/Economie/2010/04/26/014-canada-ue-pacte.shtml Pour ceux qui ne savent pas ce qu'est le système de régulation de l'offre dans le secteur des produits laitiers, en bref c'est ce qui fait en sorte que vous payez vos produits laitiers beaucoup trop chers, beaucoup plus cher qu'aux USA, puisque les prix sont artificiellement gonflés pour subventionner les producteurs laitiers (qui sont millionnaires soit dit en passant).

By Sarah Mulholland April 23 (Bloomberg) -- Loan extensions will likely be insufficient to prevent a wave of commercial real-estate defaults as borrowers struggle to refinance debt amid tighter lending standards and plummeting property values, according to Deutsche Bank AG analysts. As much as $1 trillion in commercial mortgages maturing during the next decade will be unable to secure financing without significant cash injections from property owners, according to the Deutsche analysts. At least two-thirds, or $410 billion, of commercial mortgages bundled and sold as bonds coming due between 2009 and 2018 will need additional cash infusions to refinance, the analysts led by Richard Parkus in New York said in a report yesterday. Many commercial real-estate borrowers will be unwilling or unable to put additional equity into the properties, and will have to negotiate to extend the loan or walk away from the property, the analysts said. The volume of potentially troubled loans and declining real-estate values will make loan extensions harder to obtain. “The scale of this issue is virtually unprecedented in commercial real estate, and its impact is likely to dominate the industry for the better part of a decade,” the analysts said. Many dismiss the seriousness of the problem by assuming lenders will agree to extend maturities, according to the report. That approach might work if the amount of loans that failed to refinance was relatively small, but the percentage is likely to be 60 to 70 percent, the analysts said. The overhang of distressed real estate will hinder price appreciation, making lenders less likely to extend mortgages with the expectation that the value of the property will rise enough to qualify for refinancing, the analysts said. Loans made in 2007 when prices peaked and underwriting standards bottomed will face the biggest hurdles to refinancing. Roughly 80 percent of commercial mortgages packaged into bonds in 2007 wouldn’t qualify for refinancing, according to Deutsche data.

Construction loan on hold for Waterview Tower By Alby Gallun, Nov. 05, 2008 (Crain) — About seven months after agreeing to finance the 90-story Waterview Tower and Shangri-La Hotel, the Export-Import Bank of China has gotten cold feet over the stalled Wacker Drive development. The Waterview Tower and Shangri-La Hotel at 111 W. Wacker Drive remains unfinished. The bank’s refusal to approve a $400-million construction loan for the condominium-and-hotel high-rise reduces the already slim chances that the building’s current developer, a group led by Teng & Associates Inc. President and CEO Ivan Dvorak, will be able to finish the luxury project. And it increases the odds that Bank of America Corp. will move to foreclose on the property at 111 W. Wacker Drive. The Export-Import Bank has put the financing on hold until the U.S. economy improves and it sees “signs that there is a market for the condominiums,” says Zac Henson, CEO of the U.S. subsidiary of Beijing Construction Engineering Group Ltd., which was arranging the loan. While that could be a very long time, he stopped short of saying the loan had been denied. “We’re not pushing rewind, we’re not pushing eject, we’re just pushing pause,” Mr. Henson says. “I certainly think that the for-sale condo market in the U.S. needs to rebound” for the bank to reconsider the loan. The bank’s decision leaves Mr. Dvorak in a tough spot. He has been courting equity partners for the $500-million project for some time, and more recently has been trying to sell off its hotel, condo and parking components separately, according to people familiar with the development. Under one scenario, the developer would finish the hotel and sell the rights to build the condos later, when the condo market recovers. But running a luxury hotel while construction is under way on the building’s upper floors would be extremely disruptive and a potential deal-killer. Another option: Convert the current structure, a 26-story concrete shell, into apartments. “They’re looking for anything, any option for a transaction,” says one person aware of Mr. Dvorak’s plans. Mr. Dvorak and Teng executive Sean McMahon did not return phone calls for comment. Unlike most developers, who don’t break ground until they get a construction loan, Mr. Dvorak and his partners financed the early construction of the Waterview project with their own money, betting that they could secure a loan later. They took out a $20-million bridge loan from Chicago-based LaSalle Bank N.A. in February 2007, but financing sources started to dry up several months later as the credit markets froze. With U.S. banks halting most construction lending, Mr. Dvorak looked overseas for a savior and seemed to have found one in April, when the Export-Import Bank said it would finance the project. But as the loan approval process dragged on and panic gripped the financial markets this fall, the financing looked increasingly shaky. LaSalle has already extended its loan once, but the bank’s new owner, Bank of America, probably won’t be as patient given the project’s dimming prospects. The loan has yet to be transferred to Bank of America’s workout group, but it may be only a matter of time before the bank files a foreclosure suit, say the people familiar with the project. A bank spokesman declines to comment. Construction firms walked off the job several months ago, and liens for unpaid bills from them have been piling up. The list of firms that are owed money include Teng, a Chicago-based architecture and engineering firm, and its affiliates, which together have filed liens on the project for more than $32 million. Buyers have signed contracts for 156, or 67%, of the residential condos in the building, according to Chicago-based consulting firm Appraisal Research Counselors. With an average price of more than $800 a square foot, the condos are among the most expensive in new buildings in the city. The tower’s 200 hotel units are also being sold off individually as condos; buyers have signed contracts for 80 of the condo-hotel units, or 40%, according to Appraisal Research. Shangri-La Hotels & Resorts, the Hong Kong-based luxury hotel chain that would run the hotel, remains committed to the development, according to an executive. The developer “has fulfilled its obligations to us,” says Shangri-La Regional Vice-president Stephen Darling. “We’re excited about the project and we hope that everything will materialize as it should.”