Drafting Guaranties and Nonrecourse Carveouts in Commercial Finance Transactions
Enforceability Issues for Lenders and Guarantors In and Out of Bankruptcy
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will provide finance counsel with an analysis of the enforceability of loan guaranties, including bad boy carveouts, in loan default and bankruptcy scenarios. The panel will also discuss potential liabilities for the lender and common defenses asserted by borrowers and guarantors.
- 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
- Drafting loan guaranties and carveout provisions
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
Robert W. Sparkes, III
Mr. Sparkes has extensive experience in complex civil and commercial litigation and regularly represents banking,... | Read More
Mr. Sparkes has extensive experience in complex civil and commercial litigation and regularly represents banking, mortgage lending and consumer financial services institutions in consumer class actions and individual litigation matters in federal and state courts throughout the U.S. He also has experience representing a variety of other corporate and individual clients in contract, tort, class action, consumer protection and other general business litigation matters.Close