Expertise

REAL ESTATE TRANSACTIONS

We represent mostly institutional investors in high-end national and cross-border real estate transactions. Our clients include renowned listed stock corporations, investment funds, hotel operators and hotel investors as well as family offices.

Often only a small window of opportunity exists for signing and closing commercially attractive real estate transactions. We provide the necessary experience, expertise, speed and accuracy when it comes to the legal analysis, structuring and implementation and we always take the commercial conditions into account.

We see ourselves as “deal-makers“ instead of “deal-breakers“  and focus on developing solutions instead of problems. In the countries where we conduct cross-border transactions, we have been working with local law firms for several years.

Our assistance includes:

• legal analysis / due diligence
• drafting and negotiation of asset and share purchase agreements, loan sales including securities, option agreements, bidding guarantees
• acquisitions in foreclosure proceedings
• structuring of operational acquisitions
• assistance in merger control procedures

With a real estate transaction volume of more than 15 billion Euro, which we have supported, we are one of the leading law firms in real estate law. Through many years of experience, you will also benefit from our economic know-how and our up-to-date knowledge of the market.

ASSET MANAGEMENT

In the field of asset management, we assist in drafting and negotiating agreements with important tenants of commercial properties. Our longstanding experience includes the handling of a lease during its term with respect to maintenance, repair, operating charges, termination, etc., the restructuring of leases as well as any other aspect of commercial lease law. For residential lease law, our advice focuses on general legal and structural issues.

Our services also include the due diligence in preparation of a sale (vendor due diligence) and the analysis as well as summary of existing contracts. Furthermore, we provide support by establishing data rooms and completing Q&A processes in the course of real estate transactions.

FINANCING

Our “know your client’s business”-principle approach also applies to financing projects: we know that any transaction’s success also depends on the respective financing models and require cooperative and pragmatic negotiations - with the close involvement of project managers and in-house lawyers. Our clients value our many years of market experience, especially in acquisition and real estate financing.

By means of comprehensive project coordination (both national and cross-border), our counselling activities cover, inter alia, the following aspects:

• structuring of (re)financings
• drafting and negotiation of term sheets
• drafting and negotiation of loan and security agreements
• assisting in completion of drawdown conditions and conditions subsequent

In recent years, we successfully accompanied a financing volume of more than 5 billion euros with this approach.

We have an outstanding reputation in the market for our hotel law expertise. For more than 15 years we have been advising hotel operators and investors in developments, transactions and financings. Industry insiders consider us to be among the leading hotel lawyers in the country.

Leading national and international hotel chains and operators benefit from our long-standing know-how with lease, management, franchise and other operating agreements. „FF&E-Reserve“, „Owner Agreement“, Property Improvement Plan“, „Owners Priority“ and „Incentive Fee“ are not alien words to us but day-to-day routine. For hotel investors and operators we have successfully realised a transaction and development volume of more than 5 billion euros so far. For operations, we provide support in all legal challenges of the day-to-day running of a hotel.

TRANSACTIONS

• Acquisition and sale of hotel properties including operation respectively operating companies (both by asset and share deals); financing

HOTEL AGREEMENTS/DEVELOPMENT

• Lease, franchise, license and management agreements (for existing as well as for development projects); ancillary agreements and securities (owner agreement, non-disturbance agreement, guarantees, servitudes, etc.)

HOTEL OPERATIONS

• Public permits and licenses; outsourcing, cooperation, supply, event, management agreements, etc; liability issues

CORPORATE TRANSACTIONS / M&A

The provision of legal advice on complex and cross-border corporate acquisitions and takeovers through share deals and joint ventures, including negotiation and drafting shareholder agreements and performing due diligence form part of our core competencies.

CORPORATE LAW

For many years, we have been advising medium-sized businesses of all industries, listed companies and international corporations on all questions of corporate law.

Our legal services cover all legal matters - from founding to corporate finance to expansion, business succession and restructuring. Our consulting approach is also a commercial one. In addition, we support our clients, including some renowned international hotel groups, in ongoing practical corporate matters (corporate housekeeping).

Furthermore, we assist clients with corporate disputes and issues of directors and officers’ liability.

CLOSED REAL ESTATE FUNDS

Jung & Schleicher have been advising the shareholders and business agents of closed-end real estate funds for many years. For us, the legal protection of the economic interests of our clients comes to the fore. We advise on concepts and financing and also have extensive experience in the reorganisation of closed-end funds. We were able to achieve considerable economic successes for investment funds of various legal forms.

A further aspect of our work is day-to-day litigation, including lease, corporate and contract for work law. We also focus on internal corporate conflicts. The primary goal is to find solutions that work for all the parties involved.

Finally, closed-end real estate funds entrust us with issues of liability of prospectus issuers, investment advisers and brokers.

RESTRUCTURING AND INSOLVENCY

We assist businesses in the event of an economic crisis and support them in restructuring. We conduct restructuring with creditors and advise managing directors and board members to avoid liability risks.

In the crisis or the insolvency of their debtors we advise creditors on debt enforcement and its structuring, for example by the formation of banks and supplier pools.

In the event of the insolvency of a debtor, we fully represent the interests of creditors as well as those of debtors in the proceedings and act as litigators in insolvency disputes.

BANK AND CAPITAL MARKET LAW

Jung & Schleicher advises national and foreign banks, other financial institutions, investment service providers, companies and investors in all areas of banking and capital markets law. We help our clients as an external legal department or support their own in-house legal counsels. Our focus is on banking agreements, bonds and accompanying institutions and investors in non-performing financial products, such as the exploitation of securities of larger credit portfolios. In doing so, we represent clients in court but also in national and international out-of-court conflict resolution.

REAL ESTATE FINANCE

Our “know your client’s business”-principle approach also applies to individual projects: we know that any transaction’s success also depends on the respective financing models. We achieve successful solutions through cooperative and pragmatic negotiations - with the close involvement of project managers and in-house legal counsels. Our clients value our many years of market experience, especially in acquisition and real estate financing.

By means of comprehensive project coordination (both national and cross-border), our counselling activities cover, inter alia, the following aspects:

• structuring of (re)financings
• drafting and negotiation of term sheets
• drafting and negotiation of loan and security agreements
• assisting in completion of drawdown conditions and conditions subsequent

During the last years, we successfully accompanied a financing volume of more than 5 billion euros with this approach.

Jung & Schleicher assists companies as well as individuals in the preparation and completion of legal proceedings before all German courts and even the European Court of Justice. As far as possible, we strive to realise the claims of our clients prior to the commencement of a potentially long legal dispute. If this does not work, we consequently enforce economic interests in court. We represent clients before all German local, district, appeal and federal courts. In litigation before the Federal High Court we act as communicating lawyers. Each year, we are involved in hundreds of proceedings and we have more than 20 years of experience in litigation concerning real estate, banking and capital market law, corporate, commercial and civil law. This includes interim relief as well as model case proceedings. Once an enforcement title has been obtained, we will assist you also in carrying out the actual enforcement of your claims.

In commercial matters, the settlement or resolution of disputes by expert arbitrators has increased in importance. We have many years of experience as arbitrators or as legal counsel in national and international arbitration.