Structuring Real Estate Loan Covenants, Event of Default Provisions, and Representations and Warranties
Drafting Loan Provisions that Balance Borrower Protections With Lender Remedies
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will instruct borrowers’ and lenders’ counsel on structuring default provisions, representations and warranties, affirmative and negative covenants, and other provisions in commercial real estate loan documents. The panel will discuss the most recent trends and best practices.
- Loan covenants
- Default provisions
- Insolvency-related events
- Due on sale; change of control
- Material adverse change
- Reps and warranties
- Regarding the borrower
- Regarding property
The panel will review these and other critical issues:
- What are borrowers’ and lenders’ best tactics for mitigating risk when negotiating and drafting financial covenants?
- What financial covenants do lenders insist are included?
- How can the borrower and lender each minimize risk when drafting or relying on default provisions?
- What are the standard property representations found in most facility agreements and what limitations do borrowers typically seek concerning representations?
Kleinberg Kaplan Wolff & Cohen
Mr. Ung primarily represents real estate investors, owners and lenders in partnership, LLC and joint venture... | Read More
Mr. Ung primarily represents real estate investors, owners and lenders in partnership, LLC and joint venture transactions (including real estate fund formation), bond, mortgage and mezzanine financing transactions, and transactions involving the acquisition, disposition, development, management, and leasing of office, retail, commercial, mixed-use and hotel properties. He also advises hedge funds and private equity funds on the purchase and sale of real estate mortgage and mezzanine debt, and the negotiating and structuring of complex workout arrangements in connection with the ownership or foreclosure of real property assets.Close
Michael J. Bordy
Michael J. Bordy, A.P.L.C.
Mr. Bordy is a transactional attorney who has 26 years of experience handling a variety of issues in business,... | Read More
Mr. Bordy is a transactional attorney who has 26 years of experience handling a variety of issues in business, corporate law and real estate. He regularly advises clients on real estate finance and leasing. His expertise encompasses real estate contracts, property rights, commercial property transactions, eminent domain, zoning, land-use and building permits, and negotiating real estate agreements.Close