Structuring Forbearance Agreements and Strengthening Lender Collateral Position

Drafting Waivers of Existing Default, Borrower Reps and Warranties, Confirmation of Liens, Ratification of Obligations

A live 90-minute CLE webinar with interactive Q&A


Thursday, August 10, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, July 14, 2017


This CLE webinar will prepare counsel to craft effective forbearance agreements that protect lender interests and minimize lender liability and risks in the event of the borrower’s bankruptcy. The program will also address steps lenders can take during the workout process to correct deficiencies in existing terms, documentation or collateral.

Description

Well-structured forbearance agreements or waivers are essential to protecting a lender’s position. Counsel representing lenders must anticipate and successfully navigate obstacles during the negotiation process and avoid pitfalls that can result in lender liability challenges by borrowers.

As forbearance agreements may then be followed by the borrower’s bankruptcy, counsel must also be mindful of the bankruptcy considerations when drafting forbearance agreements. Waivers of the automatic stay and stipulations supporting relief in a bankruptcy filing can be critical.

A loan workout provides a lender the chance to strengthen its position and minimize risk due to the borrower’s bankruptcy or a foreclosure sale. Waiver and forbearance agreements give the lender an opportunity to correct deficiencies in existing terms, documentation or collateral.

Listen as our authoritative panel of attorneys discusses best practices for crafting forbearance and waiver agreements that minimize lender risks and liabilities. The panel will also address steps lenders can take during the workout process to correct deficiencies in existing terms, documentation or collateral.

Outline

  1. Correcting loan documentation deficiencies and strengthening collateral
    1. Updated UCC searches
    2. Special collateral perfection examination
    3. Tax and judgment lien search
    4. Additional collateral
    5. Guarantees
  2. Drafting the forbearance or waiver agreement
    1. Waiver of existing defaults
    2. Borrower representations and warranties
    3. Strict compliance with loan documents
    4. Expiration date and early termination
    5. Fees
    6. Ratification of obligations
    7. Confirmation of liens and security interests
    8. Release of claims

Benefits

The panel will review these and other key issues:

  • What is the difference between forbearance and waiver—and which option is best for the lender?
  • What critical provisions must be contained in the forbearance or waiver agreement?
  • What unique risks does the borrower’s bankruptcy pose and how can counsel minimize these risks in crafting the forbearance agreement?
  • What steps can the lender take during a loan workout to strengthen its position and minimize its risks in bankruptcy or foreclosure sale?

Faculty

Peter C. Blain, Partner
Reinhart Boerner Van Deuren, Milwaukee

Mr. Blain is Chair of the firm's Business Reorganization Practice. He represents financial institutions, creditors, debtors, creditors' committees, trustees and others in bankruptcy proceedings, receiverships and workouts. Mr. Blain is a noted author and speaker on bankruptcy topics.

Allen J. Dickey, Shareholder
Polsinelli, Dallas

Mr. Dickey practices in all aspects of real estate finance, securitization, acquisition, leasing and development. He also has experience in equity financing, mortgage backed securitization, mortgage, and mezzanine and subordinate loan origination. He has published several articles regarding real estate, structured finance, commercial lending, and loan enforcement, and often lectures to attorney and industry groups regarding real estate, lending and loan enforcement topics. Mr. Dickey’s experience includes working with lenders, developers, investors and business owners on all aspects of real estate transactions, including mortgage and mezzanine loan origination and enforcement, CMBS lending, mortgage backed securitization, construction finance, development finance andn loan workouts, modifications and extensions.


Live Webinar

Live Webinar $247.00

Includes Early Discount Savings of $50.00 (through 07/14/17)

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This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


Recordings

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*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $247.00
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Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

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Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

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Includes Special Savings of $250.00 (through 07/14/17)

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Includes Special Savings of $250.00 (through 07/14/17)


Webinar

Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

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July 14, 2017

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Customer Reviews

I thought the speakers covered a fascinating subject matter very well.

Bob Linton

Dykema

Points were clear and followed the presentation materials. Each speaker sounded confident in their presentation.

Bonnie L. Schmidt

Willkie Farr & Gallagher

Good seminar. The webinar was very informative and practical.

Frank M. Schepers

Lamson, Dugan and Murray

The webinar was very informative on very pertinent matters and had a good flow.

Noam Wiener

Allen & Overy

The seminar was very insightful with a terrific grasp of the relevant case law and legal issues.

Gregory Fox

Friedman Kaplan Seiler & Adelman

or call 1-800-926-7926

Bankruptcy Law Advisory Board

Mark N. Berman

Adjunct Professor

Northeastern University

Michael E. Foreman

Partner

ForemanLaw

Matthew Gensburg

Shareholder

Greenberg Traurig

Brian E. Greer

Partner

Dechert

Douglas Lipke

Shareholder

Vedder Price

Victor Milione

Partner

Nixon Peabody

Steven B. Smith

Senior Consultant

JND Corporate Restructuring

Michael Solow

Partner

Kaye Scholer

Robert A. Weber

Counsel

Skadden Arps Slate Meagher & Flom

or call 1-800-926-7926

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