Commercial Loan Guaranties: Drafting and Enforcing Corporate and Personal Guaranties and Non-Recourse Carve-Outs
Best Practices for Lenders and Guarantors In and Outside Bankruptcy
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide finance counsel with an analysis of the enforceability of loan guaranties, including bad boy agreements in bankruptcy. The panel will also discuss potential liabilities for the lender and common defenses, and outline best practices for lenders and guarantors to enforce and defend guaranty agreements.
- Contested loan guaranties and recent court decisions
- Enforcement and liability issues from the lender’s perspective
- Defenses and liability issues from the guarantor’s perspective
- Impact in the context of bankruptcy
The panel will review these and other key issues:
- In what situations will lack of consideration be a viable defense to enforceability?
- What lender liability risks are inherent in dealings with a guarantor?
- What legal and business strategies can lenders employ to maximize their recovery?
- What has been the impact of bad boy guaranties in a distressed debtor’s restructuring option?
Meryl P. Diamond
Alston & Bird
Ms. Diamond focuses her practice on commercial real estate finance. She represents national commercial banks,... | Read More
Ms. Diamond focuses her practice on commercial real estate finance. She represents national commercial banks, investment banks, insurance companies and funds on a variety of U.S. loan transactions for portfolio and securitized lenders, including the origination, sale and purchase of permanent and construction loan financing, participations and mezzanine financing and loan restructuring, workouts and foreclosures.Close
Ren R. Hayhurst
Ren RH Legal Consultants
Mr. Hayhurst’s professional life has focused for over 30 years on all aspects of lender and borrower... | Read More
Mr. Hayhurst’s professional life has focused for over 30 years on all aspects of lender and borrower representation, including real estate and commercial loan documentation, real estate loan workouts and foreclosure, receivership and loan/guaranty enforcement litigation.Close