KNOWLEDGE

Understanding NDAs – third party disclosure

Understanding NDAs: Sharing Confidential Information with Third Parties

NDAs often allow disclosure to “Representatives” — but the details matter. Here’s what to watch out for when you need to share information with advisers, financiers or affiliates.

Understanding NDAs – definition of confidential information

Understanding NDAs: What “Confidential Information” Really Covers

Definitions can be too narrow (leaving gaps) or too broad (creating operational risk). A practical checklist of what both sides should consider when drafting or reviewing an NDA.

Understanding NDAs – recipient obligations

Understanding NDAs: The Recipient’s Core Confidentiality Obligations

What “keep confidential” means in practice: permitted use, safeguarding, onward disclosure, and handling of information. Key points recipients should check before signing.

Understanding NDAs – non-solicitation clause

Understanding NDAs: Non-Solicitation for Directors, Officers & Employees

NDAs sometimes include non-solicitation / no-hire language. Here’s how to spot unintended hiring restrictions and negotiate a proportionate approach.

Hotel financing – 3 deal-defining clause clusters (LMA term loan)

Hotel Financing (LMA Term Loan): 3 Deal-Defining Clause Clusters

Hotel financings are not “standard” real estate loans. In Germany and international bank clubs, the deal is often decided by cash control, covenant mechanics and operator/brand provisions.

Hotel financing mini-case – Germany managed hotel term loan

Mini-Case: Germany Managed Hotel Term Loan — What Really Drives the Mark-Up

A short anonymised mini-case showing how first drafts can create operational friction — and what a market-standard borrower/lender compromise looks like in practice.

Pragmatism and usability in German regulation and administration

Germany needs a second Zeitenwende: Pragmatism, Usability and Risk Appetite

From ticket machines to stamped forms: German compliance culture often optimises for “perfect” paperwork instead of workable outcomes. A case for a practical, user-focused reset — without lowering standards.

Springing Cash Traps That Protect Lenders - Without Killing Operations

A practical look at how springing cash traps in managed hotel financings can protect lenders while preserving the hotel's ability to keep trading normally.

FF&E reserve in managed hotel financing

The FF&E Reserve Is Not a Rainy-Day Fund

Why FF&E reserves are not spare cash, but a core mechanism to keep a managed hotel competitive, brand-compliant and financeable - especially when distress hits.

Direct Agreement in managed hotel financing

The Direct Agreement — Why the Most Important Document Is Often the Last One Negotiated

Why the Direct Agreement is often the key protection in a managed hotel financing — and why leaving it to the end of the deal process can cost lenders important rights.

Performance tests in managed hotel financing

Performance Tests — When an Operational Metric Becomes a Credit Event

A practical look at why performance tests under the HMA are not just operational metrics, but financing risk points that can affect value, covenants and operator transitions.


Have a suggested topic? Send me an email.