Real Estate Loan Commitment Letters and Terms Sheets: Negotiating Key Terms
Structuring Binding Finance Commitments and Balancing Interests of Both Lenders and Borrowers
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide guidance to real estate finance counsel for lenders and borrowers on negotiating loan term sheets, proposal letters and loan commitments. The panel will outline best practices for negotiating these preliminary loan documents to prevent subsequent disputes.
- Recent case law trends
- Challenges to enforceability of “non-binding” term sheets
Negotiating key terms
- Loan amount
- Interest rate
- Prepayment penalty
- Financial covenants
- Default provisions
- Affirmative and negative covenants
- Enforcing loan commitments and minimizing disputes
The panel will review these and other key questions:
- What benefits do term sheet negotiations offer borrowers in framing a subsequent financing deal?
- What should be key deal terms in a loan commitment—and how can the borrower and lender each minimize risk through these provisions?
- What lessons can be learned from recent case law developments on enforceability of loan commitment letters and term sheets?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Ms. Bojorquez counsels lenders, developers and investors on real estate finance transactions, including loan... | Read More
Ms. Bojorquez counsels lenders, developers and investors on real estate finance transactions, including loan originations on single lender, multi-lender and syndicated project loans involving resorts, residential developments, master planned communities, and commercial, retail and industrial buildings. She also represents lenders and borrowers on loan modifications and workouts, note sales and purchases and REO sales and purchases.Close
Martin W. Taylor
Mr. Taylor focuses his practice on representing financial institutions, borrowers, principals, guarantors and other... | Read More
Mr. Taylor focuses his practice on representing financial institutions, borrowers, principals, guarantors and other parties in all aspects of financing, including new financings, modifications, out-of-court workouts, restructures, bankruptcies, liquidations, foreclosures and the enforcement of (or as applicable, the defense against) pre-judgment and post-judgment rights and remedies with respect to secured and unsecured financial obligations.Close