This Section does not apply to:
- Soft Preferred Equity that does not benefit from any remedial rights related to the failure to make or pay any preferred payment of return; or
- any BorrowerBorrowerPerson who is the obligor under the Note. organizational or capital structures relating solely to the allocation of LIHTCLIHTCFederal program offering tax credits to owners of eligible properties that contain low-income occupants and rent restrictions. .
For example, Part III, Chapter 16: Mezzanine Financing and Preferred Equity, Section 1602: Preferred Equity does not apply to:
- Soft Preferred Equity that is Preferred Equity only because of “promoted interest” or priority “waterfall” distributions in the organizational structure of the BorrowerBorrowerPerson who is the obligor under the Note., but does not otherwise benefit from remedial rights when distributions are not paid or made.
- Instances where a provision in the BorrowerBorrowerPerson who is the obligor under the Note.’s organizational documents allows or requires a forced sale of the PropertyPropertyMultifamily residential property securing the Mortgage Loan and including the land (or Leasehold interest in land), Improvements, and personal property (as defined in the Uniform Commercial Code).
to a third party in an arm’s length transaction
- if preferred payments or returns are not made, or
- for standard non-recourse guaranties.