Structuring Forbearance Agreements and Strengthening Lender Collateral Position
Drafting Waivers of Existing Default, Borrower Reps and Warranties, Confirmation of Liens, Ratification of Obligations
Recording of a 90-minute CLE webinar with Q&A
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.
- Correcting loan documentation deficiencies and strengthening collateral
- Updated UCC searches
- Special collateral perfection examination
- Tax and judgment lien search
- Additional collateral
- Drafting the forbearance or waiver agreement
- Waiver of existing defaults
- Borrower representations and warranties
- Strict compliance with loan documents
- Expiration date and early termination
- Ratification of obligations
- Confirmation of liens and security interests
- Release of claims
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?
Peter C. Blain
Reinhart Boerner Van Deuren
Mr. Blain is Chair of the firm's Business Reorganization Practice. He represents financial institutions, creditors,... | Read More
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.Close
Allen J. Dickey
Mr. Dickey practices in all aspects of real estate finance, securitization, acquisition, leasing and development. He... | Read More
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.Close