Swap Documentation in Real Estate Finance Transactions: Coordinating ISDA Master Agreement and Mortgage Terms
Documenting Covenants, Security, Required Consents, Voting and Control, Reporting, and Regulatory Issues
A live 90-minute premium CLE video webinar with interactive Q&A
This CLE course will discuss the various uses of swaps and other derivative products to hedge risk in real estate finance transactions, integrate derivatives into loan documentation, and document the swap transaction to ensure there is consistency with the loan.
Outline
- Introduction to hedging interest rate risk
- Swap documentation overview
- ISDA master agreement
- Schedule to the ISDA master agreement
- Confirmation
- Credit support annex
- Dodd-Frank regulatory terms
- Coordinating loan documents with the ISDA Master Agreement
- Securing hedging obligations
- Termination rights
- Complying with anti-tying laws
- Other common documentation pitfalls
- Additional issues and considerations
Benefits
The panel will review these and other key issues:
- Current market trends for using derivatives to hedge risk in real estate loan transactions
- Best practices for integrating derivatives into loan documentation
- Financial and regulatory ramifications regarding interest rate swaps
Faculty
Chrys A. Carey
Of Counsel
Morrison & Foerster
Mr. Carey represents clients in a wide variety of derivatives transactions and advises them on derivatives regulatory... | Read More
Mr. Carey represents clients in a wide variety of derivatives transactions and advises them on derivatives regulatory and compliance issues. His clients include investment companies, hedge funds, foreign and domestic banks, central banks, multilateral development banks and corporate end-users. Mr. Carey negotiates ISDA Master Agreements and other trading documents, including prime brokerage documents, clearing and execution agreements and related collateral arrangements. He also advises his clients on a broad array of derivatives regulatory issues arising under the Commodity Exchange Act and the rules and regulations of the Commodity Futures Trading Commission.
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Scott L. Diamond
Of Counsel
Ballard Spahr
Mr. Diamond is a capital markets lawyer with decades of experience in financial services and as lead attorney in... | Read More
Mr. Diamond is a capital markets lawyer with decades of experience in financial services and as lead attorney in regulatory matters, transactions and litigations. He co-leads the firm's Derivatives, Structured Products, and Secondary Markets team. Mr. Diamond’s practice focuses on complex transactional matters involving derivatives and securities, compliance, swaps, foreign exchange, agricultural commodities, metals, digital assets and non-linear products. He represents institutions in tax-exempt and taxable secondary market structures and collateralization. His practice encompasses complex structured products such as tax-exempt energy prepay transactions, total return swaps as synthetic loans and guarantees, tender option bonds and matters involving swap dealers, broker-dealers, introducing brokers, derivatives transactions and regulation. Mr. Diamond also has deep understanding of the derivatives and securities clearing process as well as FINRA and NFA rules and the intersection of securities, derivatives and identified banking products. He is a former Head of Investment Banking - Legal for a large multinational bank and has a wealth of derivatives, securities and banking experience.
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