Structuring Covenants, Representations and Warranties in Commercial Loans
Maximizing Borrower Protection and Lender Remedies
Recording of a 90-minute premium CLE webinar with Q&A
The CLE course will discuss trends in loan documentation and provide best practices to borrowers' and lenders' counsel for structuring covenants, representations and warranties in commercial loans.
Outline
- Structuring representations and warranties
- Lender protection
- Borrower concerns
- Key representations and warranties
- Breach and enforcement
- Affirmative Covenants
- Financial reports
- Other reports
- Corporate matters
- Legal compliance
- Taxes
- Insurance
- Inspections/audits
- Negative Covenants
- Cash flow
- Capital
- Current assets
- Current ratios
- Leverage
- Capital expenditures
- Mergers/acquisitions
- Investments/loans
- Affiliate transactions
- Dividends and restricted payments
- Collateral
- Priority of debt
Benefits
The panel will review these and other key questions:
- How can the borrower and lender each minimize risk when negotiating and drafting financial covenants?
- How do representations and warranties help the lender allocate risk and what concerns does the borrower have in terms of the scope of these provisions?
- What has been the impact of the credit crisis on loan documentation?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Susan C. Alker
Partner
Reed Smith
She has extensive experience representing major banks, financial institutions, private equity funds and hedge funds in... | Read More
She has extensive experience representing major banks, financial institutions, private equity funds and hedge funds in corporate lending transactions. She advises clients in connection with syndicated credit facilities, leveraged acquisition financings, cross border loans, asset-based loans, investment grade credit facilities, debtor-in-possession credit facilities, and real estate financings.
CloseChristopher G. Dorman
Partner
Phillips Lytle
He concentrates his practice in the area of banking and commercial law, including secured lending, asset based... | Read More
He concentrates his practice in the area of banking and commercial law, including secured lending, asset based financing, trade finance, factoring, acquisition financing, intellectual property finance, loan restructuring and workouts, leasing and telecommunications law.
CloseThomas Hemmendinger
Of Counsel
Brennan Recupero Cascione Scungio & McAllister
He concentrates in commercial loan documentation, Uniform Commercial Code matters, goods-in-transit issues, workouts,... | Read More
He concentrates in commercial loan documentation, Uniform Commercial Code matters, goods-in-transit issues, workouts, bankruptcies, and commercial litigation. He is the author of Hillman on Commercial Loan Documentation, 5th ed. (Practising Law Institute, New York) and a member of the Uniform Law Commission.
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