Revising Real Estate Finance Documents in Times of Economic Uncertainty
Financial Covenants, Leasing Provisions, Secondary Financing, Disbursement Conditions, Recourse Carveouts
An encore presentation.
Recording of a 90-minute premium CLE webinar with Q&A
This CLE webinar will consider key provisions in loan documents that could be affected by the COVID-19 pandemic, including financial covenants, cash management provisions, additional indebtedness, non-recourse carveouts, and loan disbursement conditions. The panel will discuss the adjustments to make to existing transactions and how these provisions might change in loan agreements going forward.
Outline
- Financial covenants: DSCR, LTV, other
- Construction and other loan disbursements: loan balancing conditions, force majeure
- Cash management: lockbox triggers
- Leasing covenants and occupancy requirements
- Reps and warranties
- Recourse carveouts
- Additional financing: PPP and Main Street Lending Programs
Benefits
The panel will review these and other documentation issues:
- How should loan documents address commercial and retail tenant defaults due to COVID-19 and government-imposed shutdowns?
- What changes may be necessary to DSCR and other covenants to avoid loan defaults or cash management triggers?
- How should loans involving future disbursements be tailored to address the current economic uncertainty?
- What revisions should be made to subordinate financing provisions to accommodate PPP and other CARES Act financing?
An encore presentation.
Faculty

Christopher B. Price
Partner
Goodwin Procter
Mr. Price serves as co-chair of the firm’s Real Estate Joint Ventures and Finance practice. He practices in all... | Read More
Mr. Price serves as co-chair of the firm’s Real Estate Joint Ventures and Finance practice. He practices in all areas of real estate investment management and real estate finance representing domestic and foreign investors, fund sponsors, institutional investment advisors, public and private real estate companies and investment banks in all of their real estate industry needs, including complex, structured joint ventures and recapitalizations, purchases and sales, preferred equity and debt financings, restructurings, debt acquisitions and entity-level investments.
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Christopher W. Rosenbleeth, Esq.
Chair, Real Estate
Stradley Ronon Stevens & Young
Mr. Rosenbleeth regularly represents banks and other financial institutions, corporate clients and strategic investors... | Read More
Mr. Rosenbleeth regularly represents banks and other financial institutions, corporate clients and strategic investors in their finance and investment activities. He represents privately and publicly held companies in domestic and cross-border transactions, senior secured lenders in acquisitions or other financings, investors in connection with private investments, and large nationally branded mutual fund complexes.
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