Structuring Default Provisions in Commercial Loans
Maximizing Borrower Protection and Lender Remedies Through Effective Event of Default Clauses
Recording of a 90-minute premium CLE webinar with Q&A
This CLE webinar will provide strategies for borrowers' and lenders' counsel negotiating event of default provisions in commercial loans. The panel will discuss the impact of the economic crisis, recent litigation trends, and key court rulings affecting the enforcement of default provisions.
Outline
- Legal developments
- Impact of credit crisis on loan documentation
- Recent litigation trends
- Key case law rulings
- Negotiating default provisions
- Cross-default
- Insolvency-related events
- Change of control
- Material adverse change
- Change in business
- Enforcing default provisions
Benefits
The panel will review these and other key questions:
- How have current market conditions affected the ability to enforce terms of loan agreements, particularly the critical event of default provisions?
- How can the borrower and lender each minimize risk when drafting or relying on default provisions?
- What lessons can be learned from recent case law developments on the enforceability of default clauses?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Zachary G. Newman
Partner
Hahn & Hessen
Mr. Newman represents companies, banking associations, leasing companies, commercial lenders, and hedge funds in... | Read More
Mr. Newman represents companies, banking associations, leasing companies, commercial lenders, and hedge funds in business disputes. His finance litigation includes enforcement of lending facilities on behalf of banks and other lenders where he frequently litigates the enforceability of commercial loan and guaranty provisions, default provisions, material adverse change clauses, and intercreditor disputes.
CloseAric T. Stienessen
Attorney
Hinshaw & Culbertson
He represents lenders, investment banks and borrowers in commercial finance transactions. He also represents businesses... | Read More
He represents lenders, investment banks and borrowers in commercial finance transactions. He also represents businesses and real property developers in sales and purchase transactions involving commercial real property. He also handles transactions involving mergers, acquisitions, divestitures and corporate organization and governance.
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