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A DST agreement may contain a provision that provides that if the trustee determines that the DST is in danger of losing the property due to its inability to act because of the seven deadly sins, it can convert the DST into a limited liability company (the Springing LLC) with pre-existing agreed-upon terms. Delaware law permits the conversion through a simple filing. The Springing LLC will contain the same bankruptcy remote provisions as the DST (for the lender's benefit), but it will prohibit raising additional funds, raising of new financing, renegotiating the terms of the existing financing or entering into new leases. In addition, it will provide that the trustee (or sponsor) will become the manager of the LLC.

 
   
   
   
     
 

Resources
Overview
TIC Limitations
Investor Benefits
Lender Benefits
The Seven Deadly Sins
The Springing LLC