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Gross operational revenues earned by a property less operating expenses as well as tenant improvements, leasing commissions and reserves, but before mortgage payments. May be expressed as: NCF = NOI – (tenant improvements + leasing commissions + capital repairs).
An attorney’s reasoned opinion which concludes, based on all relevant facts concerning the loan and borrower structure under current bankruptcy case law, that the assets and liabilities of the special purposes entity (SPE) borrower would not be substantively consolidated with those of its affiliates by a bankruptcy court under Section 105 of the bankruptcy code. This is often a key component of special purpose entity (SPE) and bankruptcy remote structures.
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