American Strategic (NYSE: NYC) settles $99M loan tied to 1140 Avenue
Rhea-AI Filing Summary
American Strategic Investment Co. disclosed that its subsidiary ARC NYC1140SIXTH, LLC entered into a settlement over a
Under the agreement, the borrower consented to the court’s immediate appointment of a receiver and to a final judgment of foreclosure, with the property to be sold at public auction. Once the property is disposed of in the foreclosure process, the borrower and guarantor will be released from obligations under the loan agreement, notes, mortgage, guaranty and related documents, subject to certain ongoing environmental-related obligations. The court has already approved an order appointing a temporary receiver for the property.
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Insights
Company settles a $99M property loan via foreclosure with releases tied to the asset transfer.
The disclosure describes a settlement on a
A key feature is that, once the property is disposed of in the foreclosure action, the borrower and guarantor will be released from obligations under the loan agreement, notes, mortgage, guaranty and related documents. This shifts resolution from ongoing litigation to an agreed foreclosure outcome, trading the property interest for release of debt-related obligations. However, environmental-related representations and obligations remain carved out, so any environmental issues at the property could still affect the parties as specified.
The court has already approved appointment of a temporary receiver for the property as of
FAQ
What did American Strategic Investment Co. (NYC) disclose in this 8-K?
American Strategic Investment Co. reported that its subsidiary ARC NYC1140SIXTH, LLC entered into a Settlement Agreement resolving issues related to a
Which property and loan are involved for NYC in this settlement?
The settlement concerns a $99.0 million loan evidenced by promissory notes and secured by a mortgage on the company’s 1140 Avenue of the Americas property in New York City.
How does the foreclosure settlement affect NYC’s obligations on the $99.0 million loan?
Effective upon disposition of the 1140 Avenue of the Americas property in the foreclosure action, the borrower and guarantor will be released from obligations under the loan agreement, notes, mortgage, guaranty and related loan documents, except for certain environmental-related obligations.
What did the court approve in connection with the NYC foreclosure process?
On
Do environmental obligations related to the 1140 Avenue of the Americas property continue after the settlement?
Yes. While the settlement provides broad mutual releases 91 days after the referee’s deed or other disposition, it specifically states that this does not apply to obligations, representations, warranties or covenants of the borrower or guarantor relating to the Environmental Indemnity or the environmental condition of the property.
Who are the key parties involved in NYC’s $99.0 million loan settlement?
The parties include ARC NYC1140SIXTH, LLC as Borrower, Wilmington Trust, National Association as trustee for the lenders, New York City Operating Partnership, L.P. as Guarantor, and Ladder Capital Finance I LLC and Series TRS of Ladder Capital Finance I LLC as the lenders.