Navigating Lender Liability for Environmental Cleanup and Remediation Costs
Indemnification Agreements, Insurance, Reps and Warranties, Covenants, Loan Defaults, Workouts and Foreclosure
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will discuss lender liability in real estate loan transactions for environmental cleanup and remediation and how the lender can minimize direct liability as well as diminution of value of collateral due to environmental damages. The program will discuss risk mitigation in loan origination as well as during the life of the loan, including loan workouts and foreclosures.
- Theories of liability (tort and statutory)
- Indemnification agreements
- Insurance, reps and warranties, loan covenants, inspection rights
- Lender’s due diligence at time of loan default, workout, foreclosure
The panel will review these and other key issues:
- What pitfalls do lenders face that may result in lender liability for environmental cleanup and remediation liability?
- What are the key elements of environmental indemnity agreements?
- What are best practices for lenders to evaluate and manage environmental risks in real property loan transactions?
Ren R. Hayhurst
Mr. Hayhurst's practice focuses on all aspects of lender representation, including real estate and commercial... | Read More
Mr. Hayhurst's practice focuses on all aspects of lender representation, including real estate and commercial loan documentation, real estate loan workouts and foreclosure, receivership and loan/guaranty enforcement litigation. He has negotiated and documented standard and revolving line of credit loans for the acquisition, development and construction has documented and closed loans involving real property security in every State in the country, and negotiated and documented real estate syndication/participation loans and REMIC conduit loan packages. His experience also includes the negotiation and documentation of syndicated and non-syndicated secured and unsecured loan facilities, bond financings, acquisition financings, asset based loan facilities to middle market companies, debt restructurings and letter of credit facilities.Close
Keith B. Walker
Cox Castle & Nicholson
Mr. Walker is experienced in representing clients with interests in redeveloping brownfield properties, providing... | Read More
Mr. Walker is experienced in representing clients with interests in redeveloping brownfield properties, providing direction for handling the complex remediation work necessary for obtaining case closure from government agencies. This often involves environmental due diligence during real estate acquisition, financing and development phases, and quite frequently federal and state environmental response cost recovery litigation. Mr. Walker counsels property owners, developers and lenders on the most effective ways of addressing human health risks in order to avoid the risk of future toxic tort liability. He has substantial experience advising clients on the most effective methods for managing environmental risk, for example through negotiation of effective indemnities and the purchase of environmental insurance policies.Close