Negotiating Commercial Loan Guaranties
Non-Recourse Terms and Conditions, Net Worth and Liquidity Covenants, Guaranties of Interest Rate Swap Obligations and More
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide counsel in real estate finance with a review of recent enforcement trends regarding non-recourse guaranties and discuss the rise in lender requirements for financial covenants in non-recourse guaranties. The panel will also outline the types of covenants being required and offer strategies for both guarantors and lenders in negotiating financial covenants.
- Overview of non-recourse guaranties
- Net worth and liquidity covenants
- Guaranties of interest rate swap obligations
- Current issues and common pitfalls
The panel will review these and other key questions:
- How will the lender and guarantor each try to characterize assets and liabilities for purposes of the net worth test?
- What assets will the lender want to exclude and what liabilities will it want to include?
- What are typical liquid assets that lenders will consider for the liquidity covenant and what are negotiating points for guarantors with limited liquidity?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
William C. Holland
Mr. Holland's practice focuses on corporate transactions with an emphasis on secured and unsecured commercial... | Read More
Mr. Holland's practice focuses on corporate transactions with an emphasis on secured and unsecured commercial loan and credit transactions, including cross border financings, acquisition finance, leveraged buy-out transactions, asset-based finance, structured finance and project finance. In addition, he also represents banks and other clients in connection with swap, option and other derivatives transactions, including interest rate hedging, foreign exchange and currency transactions and equity option derivatives.Close
Gerard C. Keegan, Jr.
Alston & Bird
Mr. Keegan represents institutional lenders in all aspects of real estate financings and restructurings and... | Read More
Mr. Keegan represents institutional lenders in all aspects of real estate financings and restructurings and investors in the acquisition, development and operation of commercial properties, including retail, office, hospitality and mixed-use projects. He has expertise in the origination, securitization, syndication, sale and workout of commercial real estate loans.Close
Mr. Wheeler is a member of the firm’s Financial Services Client Service Group. For 15 years, he has advised... | Read More
Mr. Wheeler is a member of the firm’s Financial Services Client Service Group. For 15 years, he has advised banks, credit unions, finance lenders and other financial institutions on lending, operational and regulatory issues. He helps lenders close a wide variety of loans, including large syndicated credits, commercial real estate loans and other middle market loans. He advises on loan administration and enforcement, as well as sales of loan portfolios, participation and intercreditor agreements, letters of credit and swap agreements.Close