Intercreditor Agreements in Mezzanine and Second-Lien Loans: Structuring and Enforcing Key Provisions
Negotiating Rights in Bankruptcy, Foreclosure and Sale of Collateral, Payment Blockages, Standstill Periods
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will prepare commercial finance counsel to anticipate potential pitfalls and draft provisions in intercreditor agreements that protect lenders in mezzanine and second-lien financing transactions.
- Negotiating and drafting the intercreditor agreement
- Critical provisions
- Pitfalls to avoid
- Common problems
The panel will review these and other key issues:
- What terms should be included in the intercreditor agreement to address mezzanine and second-lien lenders rights in the event of bankruptcy or foreclosure and sale of collateral?
- How does the agreement strive to preserve subrogation rights?
- What provisions should be included to address payment blockages and standstill periods?
Mark N. Berman
Mr. Berman is a member of the firm's Financial Restructuring and Bankruptcy Practice Group, as well as the Global... | Read More
Mr. Berman is a member of the firm's Financial Restructuring and Bankruptcy Practice Group, as well as the Global Finance, Public Finance and Leveraged Groups. For over 30 years, he has represented virtually every kind of interest involved with a financially challenged business, and has experience spanning a variety of industries including retail, real estate, manufacturing, aviation and credit card processing.Close
Mark B. Joachim
Mr. Joachim is a member of the firm’s Bankruptcy and Financial Restructuring and Corporate Groups. His practice... | Read More
Mr. Joachim is a member of the firm’s Bankruptcy and Financial Restructuring and Corporate Groups. His practice encompasses both new loan transactions and the restructuring of such arrangements. He represents lenders and other investors with respect to financially distressed companies, on both “new money” transactions and in restructuring situations. He regularly advises clients on new loan origination.Close