Preferred Equity may be structured in a variety of ways, and appear similar to a traditional equity investment, while having rights or remedies similar to debt, such as Mezzanine FinancingMezzanine FinancingSubordinate debt financing provided to a direct or indirect owner of a Borrower that is secured by a pledge of the direct or indirect equity interest in the Borrower held by the owner, and not by a Lien on the Property. .
To determine if the Preferred Equity is Soft or Hard, you should analyze the:
- BorrowerBorrowerPerson who is the obligor per the Note. ’s organizational and capital structure;
- BorrowerBorrowerPerson who is the obligor per the Note. ’s applicable joint venture or operating agreement with the Preferred Equity provider; and
- rights and remedies of the direct and indirect equity owners against the BorrowerBorrowerPerson who is the obligor per the Note. .