Haynes and Boone’s leisure and hospitality experience encompasses representing developers, lenders, investors, owners and management companies, among many others, in the structuring, negotiation, documentation and completion of significant transactions within various different areas of the industries. Our clients in this sector are represented by lawyers throughout a number of the firm’s different practice groups, including Real Estate, Franchise and Distribution, Bankruptcy and Business Restructuring, Finance, International, Tax, Litigation, Mergers and Acquisitions and Employee Benefits and Executive Compensation. Such transactions have included:
- Hotel and real estate asset acquisitions and dispositions
- Hotel and real estate asset financing and development
- Joint venture and partnership agreement negotiations, acquisitions and dispositions
- Negotiation of management, development, reimbursement, employment and incentive agreements and contracts
- Real estate leasing
- Real estate sales, acquisitions and restructurings
- Facility development and franchise counseling
- Government permit and licensing issues (i.e., liquor and gaming licenses)
- Industry-specific complex issues in loan and other contract agreements
- Environmental and regulatory issues
Hotel Ownership and Development Joint Ventures
Over the last five years, Haynes and Boone has structured and negotiated a vast number of joint venture agreements between investors and hospitality operators with respect to the acquisition and development of hotel and tourism properties, including multi-use properties such as retail, residential and office components.
Our real estate transactional team has extensive experience in documenting and negotiating hotel acquisitions and dispositions, developments including mixed-use developments with hotel components, license and management arrangements, entity formation and recapitalization, and various loan services – including receiverships, debt and equity financing, workouts and agreements between licensors, managers and lenders. More specifically, we are particularly adept at the financing of hotel assets, the negotiation of hotel management and development contracts and licensing agreements, the development of hotel assets, and the negotiation of hotel joint venture agreements.
Corporate Transactions and Advice
Haynes and Boone's hospitality industry lawyers have extensive experience providing a wide array of services necessary for the operation, acquisition, disposition and financing of hotel, resort and other tourism facilities. Since 2009, Haynes and Boone has been integrally involved in acquisitions and dispositions involving more than 300 hotels, resorts, golf courses and amusement parks.
A customary real estate joint venture consists of two parties: an operator or developer who typically originates the deal and does all the day-to-day work (“Operator”), and an investor who typically provides the majority of the equity but does not have an active role in day-to-day matters (referred to in this article as the LP). This structure has become extremely common, as (1) there are many ins [...]