Loan Covenants, Events of Default and MAC Clauses

Structuring Effective Credit Agreement Provisions to Maximize Borrower Protection and Lender Remedies

Recording of a 90-minute CLE webinar/teleconference with Q&A


Conducted on Tuesday, June 26, 2012
Recorded event now available


This CLE webinar will provide borrowers' and lenders' counsel with a review of loan documentation recent trends and best practices for structuring covenants and events-of-default clauses in commercial loans.

Description

Strategically crafted loan covenants and default provisions can provide flexibility to the borrower and adequate protections and remedies for the lender. For example, grace periods and the ability to cure defaults are critical to both borrowers and lenders.

Equity-cure rights have made a comeback in some transactions, although are more commonly used in sponsored transactions. How the proceeds of the cure are applied is an issue becoming more favorable to borrowers.

More lenders are attempting to enforce loan defaults and borrowers are fighting back, resulting in significant litigation. Carefully structured loan provisions can minimize disputes between the parties and reduce the risk of suit.

Listen as our authoritative panel of commercial finance attorneys offers effective approaches for borrowers' and lenders' counsel for structuring financial covenants and events-of-default provisions.

Outline

  1. Loan covenants
    1. Affirmative
    2. Negative
    3. Financial
    4. Equity cures
    5. Other covenants
  2. Events of default provisions
    1. Cross-default
    2. Insolvency-related events
    3. Change of control
    4. Material adverse change
    5. Change in business

Benefits

The panel will review these and other key questions:

  • What are borrowers' and lenders' best tactics for proactively mitigating risk when negotiating and drafting financial covenants?
  • What financial covenants are lenders particularly insistent upon?
  • How can the borrower and lender each minimize risk when drafting or relying on default provisions?

Faculty

Aric T. Stienessen, Partner
Hinshaw & Culbertson, Minneapolis

He represents lenders, investment banks and borrowers in commercial finance transactions. He also represents businesses and real property developers in sales and purchase transactions involving commercial real property. He handles transactions involving mergers, acquisitions, divestitures, and corporate organization and governance.

Charles M. Tatelbaum, Partner
Hinshaw & Culbertson, Fort Lauderdale, Fla.

He focuses his practice on bankruptcy and creditors’ rights, complex business litigation, Uniform Commercial Code transactions and litigation and other types of secured transactions, and domestic and international letters of credit. He represents secured and unsecured creditors in complex business litigation, bankruptcy proceedings and distressed business transactions and litigation.

Ordering

Online CLE - Audio Recording

Includes streaming audio of full program plus handouts (available 24 hours after live program).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, MO, MT, TX*, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $297.00
Available 24 hours after the live event

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID*, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)

Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event

How does this work?

DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H
Available ten business days after the live event

MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event

How does this work?

CD (Audio with Slide PDFs) $297.00 plus $9.45 S&H
Available ten business days after the live event

Webinar/Teleconference

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Program Materials

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Program Materials

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CLE Credit

Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.

More Details >

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Customer Reviews

This seminar provided a nice overview of the business environment.

Michael Petronio

Willkie Farr & Gallagher

I liked the detailed statistics and case discussions provided by the speakers.

Kathryn C. Ellsworth

Grais & Ellsworth

The topic covered was very timely, the program was well structured and I appreciated that the speakers addressed very recent issues.

Benjamin Brutlag

CSM

The program material was well organized and presented in a succinct fashion.

Leslie Ford

Bass, Berry & Sims

The webinar content was excellent.
 

Mary Alice Busby

Mette, Evans & Woodside

or call 1-800-926-7926

Finance Law Advisory Board

Anne Lee Benedict

Partner

Gibson Dunn & Crutcher

Mark N. Berman

Partner

Nixon Peabody

Willa Cohen Bruckner

Partner

Alston & Bird

Laura D. Richman

Counsel

Mayer Brown

Robert M. Stern

Partner

O’Melveny & Myers

or call 1-800-926-7926

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