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The Carveout

Welcome to The Carveout, a FBT Gibbons legal blog geared toward sophisticated capital market participants and focused on the commercial real estate finance (CREF) industry, with a particular spotlight on what are often the most heavily negotiated and critical terms of CREF lending—non-recourse carveouts.

With that lens in mind, here you will gain perspective on current trends and developments with these provisions and how to effectively bring lenders and borrowers together to solve challenging negotiations. Our prevailing emphasis is on the kind of real-world application that helps you avoid undue risks and see critical deals to completion.

Latest Blog Posts

Woman At Office Computer Analyzing Medical Bills And Financial Data Carefully.
Balancing the Load: Negotiating Key Issues in Carry Guaranties (Part 2)

August 25, 2026 | Publications

As discussed in our prior post, carry guaranties are a key component of many kinds of real estate fi...

An Asian businesswoman holding digital tablet and  look in distance window thinking or planning future success, thoughtful motivated mature businesswoman pondering over new ideas.
Bearing the Weight of Stabilization: An Introduction to Carry Guaranties (Part 1)

August 21, 2026 | Publications

Every property costs money to own: real estate taxes accrue, insurance premiums come due, loan inter...

Architecture details Modern Building Glass facade Exterior
CREF Roundup | Week 34, 2026

August 21, 2026 | Publications

The CREF Roundup is a periodic digest of noteworthy developments, insights, and commentary in the wo...

Architecture details Modern Building Glass facade Exterior
CREF Roundup | Week 32, 2026

August 7, 2026 | Publications

The CREF Roundup is a periodic digest of noteworthy developments, insights, and commentary in the wo...

Architecture details Modern Building Glass facade Exterior
CREF Roundup | Week 30, 2026

July 24, 2026 | Publications

The CREF Roundup is a periodic digest of noteworthy developments, insights, and commentary in the wo...

Architecture details Modern Building Glass facade Exterior
CREF Roundup | Week 28, 2026

July 10, 2026 | Publications

The CREF Roundup is a periodic digest of noteworthy developments, insights, and commentary in the wo...

Architecture details Modern Building Glass facade Exterior
CREF Roundup | Week 26, 2026

June 26, 2026 | Publications

The CREF Roundup is a periodic digest of noteworthy developments, insights, and commentary in the wo...

Professionally dressed individuals are engaged in a discussion around a table in a bright office setting.
Hotel Refinancing Challenges in 2026

June 15, 2026 | Publications

Are you the owner of a flagged hotel with a commercial mortgage-backed securities (CMBS) loan maturi...

Two people working at a desk with a computer displaying charts and graphs, overlaid with various financial and analytical icons.
Commercial Real Estate Distress: Practical Tax Considerations for Borrowers and Lenders in Debt-for-Equity Exchanges (Part 3)

June 12, 2026 | Finance Industry Blogs

Changing market conditions have pushed many real estate borrowers and lenders to rethink how capital...

Architecture details Modern Building Glass facade Exterior
CREF Roundup | Week 24, 2026

June 12, 2026 | Publications

The CREF Roundup is a periodic digest of noteworthy developments, insights, and commentary in the wo...

Bank symbol with with coins stack. Concepts of the banking system, rising interest rates, inflation, deflation, and savings.
Letters of Credit: Financing Considerations and Terms for Negotiation

June 5, 2026 | Publications

In a time where the financial markets seem to shift with each breaking headline, understanding the b...

Architecture details Modern Building Glass facade Exterior
CREF Roundup | Week 22, 2026

May 29, 2026 | Publications

The CREF Roundup is a periodic digest of noteworthy developments, insights, and commentary in the wo...

Debt-for-Equity Exchanges: What to Consider When Your Lender Becomes Your Partner (Part 2)

May 19, 2026 | Finance Industry Blogs

This is an installment in our series on debt-for-equity exchanges. The first article, “Commercial ...

Architecture details Modern Building Glass facade Exterior
CREF Roundup | Week 20, 2026

May 15, 2026 | Publications

The CREF Roundup is a periodic digest of noteworthy developments, insights, and commentary in the wo...

Your Carveout Contacts

Colin C. Stouffer
Colin C. Stouffer

Partner

Louisville, KY

Joshua (Josh) D. Brock
Joshua (Josh) D. Brock

Partner

Louisville, KY

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