Structuring Real Estate Mortgage Covenants, Event of Default Provisions, Representations and Warranties
Drafting Provisions That Balance Borrower Protections With Lender Remedies
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course 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?
Ankush R. Israni
Stroock & Stroock & Lavan
Mr. Israni advises on a broad range of commercial real estate matters, including joint ventures, senior debt and... | Read More
Mr. Israni advises on a broad range of commercial real estate matters, including joint ventures, senior debt and mezzanine financing, purchase and sale, loan sale agreements, fintech issues and leases. He represents institutional and non-institutional investors, including private equity funds, real estate investment companies and real estate investment trusts, in all aspects of transactions and property management. Most recently, Mr. Israni served as a deputy general counsel for an award-winning investment platform focused on real estate debt.Close
Virginia (Ginger) Rolfes
Nelson Mullins Riley & Scarborough
Ms. Rolfes is a real estate and finance attorney with more than 15 years of experience. She is experienced in... | Read More
Ms. Rolfes is a real estate and finance attorney with more than 15 years of experience. She is experienced in commercial lending, asset management, finance, leasing, and general real estate matters. She has experience in originating commercial real estate loans that are securitized and sold on the bond market (also known as commercial mortgage backed securities or CMBS). Ms. Rolfes represents banks and other lending institutions making loans on commercial properties such as office developments, retail centers, hotels, and manufactured housing complexes, among others. Ginger also works with tenants in the negotiation of a variety of leases and related issues and regional developers in the purchase and sale of commercial properties.Close