Structuring Real Estate Loan Covenants, Events of Default Provisions, and Representations and Warranties
Negotiating Agreement Provisions to Maximize Borrower Protection and Lender Remedies
Recording of a 90-minute premium CLE webinar with Q&A
This CLE webinar will provide borrowers’ and lenders’ counsel with a review of loan documentation recent trends and best practices for structuring covenants and event-of-default provisions as well as representations and warranties provisions in commercial real estate loans.
Outline
- Loan covenants
- Affirmative
- Negative
- Financial
- Other covenants
- Default provisions
- Cross-default
- Insolvency-related events
- Change of control
- Material adverse change
- Change in business
- Reps and warranties
- Title to property
- No breach of applicable laws relating to property
- Security over property
- Use and condition of the property
- Development activities for development facilities
Benefits
The panel will review these and other key issues:
- What are borrowers’ and lenders’ best tactics for proactively mitigating risk when negotiating and drafting financial covenants?
- What financial covenants are lenders particularly insistent upon?
- 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 with respect to representations?
Faculty
Mairi V. Luce
Partner
Duane Morris
Ms. Luce focuses her practice on reorganization, bankruptcy law, creditors' rights, out of court workouts and... | Read More
Ms. Luce focuses her practice on reorganization, bankruptcy law, creditors' rights, out of court workouts and complex commercial reorganizations. She represents commercial banks, insurance companies and other institutions in secured lending, asset-based lending, securitization, and other commercial transactions. Ms. Luce also represents parties in secured-finance transactions in which collateral is located outside the U.S.
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Christopher W. Rosenbleeth, Esq.
Chair, Real Estate
Stradley Ronon Stevens & Young
Mr. Rosenbleeth regularly represents banks and other financial institutions, corporate clients and strategic investors... | Read More
Mr. Rosenbleeth regularly represents banks and other financial institutions, corporate clients and strategic investors in their finance and investment activities. He represents privately and publicly held companies in domestic and cross-border transactions, senior secured lenders in acquisitions or other financings, investors in connection with private investments, and large nationally branded mutual fund complexes.
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