Default Interest, Late Fees, and Prepayment Premiums: Drafting and Enforcement
Hot Button Issues for Lenders on Acceleration, Enforceability in Bankruptcy, Lessons From Recent Case Law
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will examine loan provisions that can become critically important in an event of default, including notice and cure, acceleration, default interest, late fees, and prepayment or "make-whole" premiums. The panel will also discuss pitfalls to avoid in the enforcement of these provisions and their treatment in bankruptcy as informed by recent case law.
- Default provisions
- Notice and cure, grace periods, acceleration
- The distinction between a "default" and an "event of default"
- Monetary vs. non-monetary defaults
- Default interest and late fees
- Prepayment or make-whole premiums
- Treatment in bankruptcy
- Recent case law
The panel will review these and other critical issues:
- How do notice and cure provisions vary for monetary and non-monetary defaults?
- From the lender's standpoint, what should the documents say about prepayment premiums in the event of an acceleration of the loan?
- What are some pitfalls to avoid in exercising remedies after default? After acceleration?
- How have the courts looked at default interest, late fees, and prepayment premiums in bankruptcy?
David J. Gold
Mr. Gold concentrates his practice on all aspects of general commercial litigation, financial restructuring, bankruptcy... | Read More
Mr. Gold concentrates his practice on all aspects of general commercial litigation, financial restructuring, bankruptcy and distressed real estate. He represents debtors, creditors and trustees and has significant experience in the hotel and hospitality industries. In the hospitality sector, Mr. Gold has represented secured lenders, major hotel brands, creditors and debtors in all aspects of Chapter 11 restructurings, assignments for the benefit of creditors, out of court transactions and general litigation. He also regularly provides counsel on secured transactions under the UCC, lien and judgment enforcement and asset protection.Close
Daniel M. Pereira
Stradley Ronon Stevens & Young
Mr. Pereira concentrates his practice on bankruptcy, insolvency and related matters. advises clients on a... | Read More
Mr. Pereira concentrates his practice on bankruptcy, insolvency and related matters. advises clients on a wide array of issues, including both transactional and litigation matters. Although Mr. Pereira primarily focuses his practice on representing creditors, he also has experience representing debtors and other interested parties, particularly foreign debtors, in cross-border insolvency and restructuring proceedings. Among other clients, Mr. Pereira has represented banks and other lending institutions, trade vendors, service providers, commercial landlords and tort claimants. He has appeared in numerous state and federal courts, pursuing, among other things, loan enforcement actions, receiverships and commercial foreclosures, defending and prosecuting preference and fraudulent transfer claims, and handling various other commercial litigation matters in addition to handling numerous out-of-court workouts.Close