Structuring Forbearance Agreements and Strengthening Lender Collateral Position

Crafting Waiver of Existing Defaults, Borrower Reps and Warranties, Confirmation of Liens, Ratification of Obligations

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, September 5, 2018

Recorded event now available

or call 1-800-926-7926
Program Materials

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.


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.

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.

The borrower’s bankruptcy may occur after forbearance agreements, so counsel must also be mindful of bankruptcy considerations when drafting forbearance agreements. Waivers of the automatic stay and stipulations supporting relief in a bankruptcy filing are critical.

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.



  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


The panel will review these and other high priority 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?


Blain, Peter
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

Dickey, Allen
Allen J. Dickey


Mr. Dickey practices in all aspects of real estate finance, securitization, acquisition, leasing and development. He...  |  Read More

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