Loan Forbearance Options and Waivers After Default
Crafting Forbearance Agreements That Minimize Lender Liability and Bankruptcy Risks
Recording of a 75-minute CLE webinar with Q&A
This CLE webinar will prepare counsel to craft effective forbearance agreements that protect lender interests and minimize lender liability and risks in the event of the borrower’s bankruptcy.
Outline
- Drafting the forbearance or waiver agreement
- Waiver of existing defaults
- Borrower representations and warranties
- Strict compliance with loan documents
- Expiration date and early termination
- Fees
- Ratification of obligations
- Confirmation of liens and security interests
- Release of claims
- Post-default waivers
- Minimizing lender risks
- Lender liability challenges
- Bankruptcy considerations
Benefits
The panel will review these and other key questions:
- What is the difference between forbearance and waiver—and which option is best for the lender?
- What critical provisions must be contained in the forbearance or waiver agreement?
- What unique risks does the borrower's bankruptcy pose and how can counsel minimize these risks in crafting the forbearance agreement?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Andrew L. Turscak
Partner
Thompson Hine
He is a member of the Firm's Business Restructuring, Creditors' Rights & Bankruptcy and Business Litigation... | Read More
He is a member of the Firm's Business Restructuring, Creditors' Rights & Bankruptcy and Business Litigation practice groups. He focuses his practice on commercial and creditors rights, bankruptcy (primarily Chapter 11 reorganizations), workouts, commercial litigation, Uniform Commercial Code controversies and other commercial law cases including secured transactions.
CloseCurtis L. Tuggle
Attorney
Thompson Hine
He is a member of the Firm’s Business Restructuring, Creditors' Rights & Bankruptcy practice group where he... | Read More
He is a member of the Firm’s Business Restructuring, Creditors' Rights & Bankruptcy practice group where he focuses his practice on commercial and creditors' rights, bankruptcy (primarily Chapter 11 reorganizations), workouts, preference action litigation, commercial litigation, Uniform Commercial Code controversies and other commercial law cases including secured transactions.
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