Syndicated Real Estate Loans: Structuring Agreements to Balance Differing Rights and Obligations of Lenders and Agents
Navigating Rights of Agents, Information Sharing, Lender Decisionmaking, Exculpatory Clauses, Defaulting Lenders and More
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide real property counsel with a deep dive into typical clauses in a syndicated loan agreement. The panel will provide best practices for lenders and agents to structure and negotiate loan agreement provisions that protect their rights and interests and mitigate their disadvantages if a multi-lender transaction goes south.
- Assignment and assumption
- Information rights of co-lenders
- Liability and reliance on agent lenders
- Intercreditor agreements
- Default and lender payment priorities
- Defaulting lenders
The panel will address these and other key questions:
- What are typical exculpatory clauses that limit the liability of the agent and what case law is there addressing the agent’s liability to co-lenders?
- What disclosures about the borrower, the terms of the loan and borrower defaults must the agent provide to co-lenders?
- What provisions should be added to syndicated loan agreements to provide maximum protection and flexibility to agents and co-lenders?
- How can the definitions of "defaulting lender" and "impacted lender" affect the remedies of co-lenders against defaulting lenders?
Gary A. Goodman
Mr. Goodman has extensive experience with financing transactions, specifically in the area of real estate finance,... | Read More
Mr. Goodman has extensive experience with financing transactions, specifically in the area of real estate finance, representing domestic and foreign institutional lenders and borrowers in fee and leasehold construction and term financings, refinancings, mezzanine financings and workouts. He routinely represents agent banks in syndicated loans and in dealing with the co-lenders not only during the syndication process, but also during the term of the loan.Close
Senior Managing Associate
Mr. Fennell represents institutional lenders and borrowers in the origination, syndication, workout and foreclosure of... | Read More
Mr. Fennell represents institutional lenders and borrowers in the origination, syndication, workout and foreclosure of construction loans, permanent loans, loans intended for securitization, bridge loans and mezzanine loans. He also has extensive experience representing owners, investors and lenders in the restructuring and deleveraging of substantial real estate portfolios.Close