This CLE webinar will provide finance counsel with the tools to structure private placement debt. The panel will discuss the drafting and negotiation of the note purchase agreement, the offering memorandum, and the role of the agent, issuer, and investors in the private placement transaction. Read More

This CLE course will provide a framework for U.S. attorneys to give opinions in cross-border transactions, including enforceability, authority, choice of law, the golden rule, misleading opinions, and more. The panel will discuss how differences in custom and practice between U.S. and non-U.S. lawye... Read More

This CLE course will provide commercial finance counsel with guidance on using and analyzing term sheets, proposals, and commitment letters in commercial finance transactions. The panel will explain the potential risks associated with their usage and provide best practices for minimizing those risks... Read More

This CLE webinar will help counsel interpret loan document terms that are often not adequately understood, including "ordinary course of business," "best efforts," "reasonable best efforts," "commercially reasonable efforts", "business judgment" and "reasonable discretion." The panel will also discu... Read More

This CLE webinar will analyze legal challenges to financing bitcoin and other crypto assets for bank and non-bank lenders. The panel will discuss the underlying blockchain architecture for transferring cryptocurrencies and regulatory, valuation, hedging, and UCC perfection issues concerning financin... Read More

This CLE course will examine the unique characteristics of recurring revenue financing (RRF) and the issues lenders and borrowers should consider in structuring recurring revenue transactions. The panel will also discuss how to address the conversion of such transactions to more conventional earning... Read More

This CLE course will provide legal practitioners with practical advice about preparing opinion letters and the typical language included in standard opinions requested in commercial finance transactions. The panel will review the common elements of an opinion letter, highlight the attendant risks an... Read More

This CLE webinar will examine margin loan facilities where securities are pledged as collateral. The panel will discuss the pros and cons of margin loan financing for private equity sponsors, the key terms and structural components of margin loan facilities, the mechanics of margin calls and cures,... Read More

This CLE course will provide an in-depth discussion of considerations to be made by borrowers, guarantors, lenders, and servicers early on in the commercial loan workout process. Read More

The CLE course will outline the key considerations in structuring management lines of credit, general partner (GP) financing, and employee co-investment facilities within private equity funds. The panel will discuss collateral security packages, fund obligations, administrative concerns, common poin... Read More

This CLE course will provide borrowers' and lenders' counsel with a review of the use of EBITDA, leverage ratios, and other metrics in loan documentation and uses of financial covenants. The panel will outline critical issues relating to structuring financial covenants, related definitions, and use... Read More

This CLE course will provide commercial finance counsel with guidance on using and analyzing term sheets, proposals, and commitment letters in commercial finance transactions. The panel will explain the potential risks associated with their usage and provide best practices for minimizing those risks... Read More

This CLE course will examine the complexities in negotiating and documenting an asset-based lending (ABL) facility alongside a leverage loan facility with the same borrower, including the differing collateral and priorities between an asset-based facility and a term loan facility, and how those diff... Read More

This CLE course will provide counsel with an overview and discussion of the unique aspects of unitranche loan facilities and the interplay of those aspects in restructuring and working out of a troubled loan. Read More

This CLE webinar will examine the structuring and documentation of NAV financing for private funds. The panel will discuss LTV calculation and default triggers, first/second lien structures, UCC perfection, and intercreditor arrangements with multiple lenders. Read More

This CLE course will provide finance counsel with the tools to structure around legal, political, and economic risks encountered in cross-border lending. The panel will discuss choice of law provisions, foreign guarantors, exit strategies if access to collateral is impaired, credit default swaps, an... Read More

This CLE course will provide finance counsel with an analysis of the enforceability of loan guaranties, including bad boy carveouts, in loan default and bankruptcy scenarios. The panel will also discuss potential liabilities for the lender and common defenses asserted by borrowers and guarantors. Read More

This CLE webinar will discuss the scheduled phase-out of LIBOR (London Interbank Offered Rate) at the end of 2021. The panel will address alternative rates and provisions recommended by the Alternative Reference Rate Committee (ARRC) of the Federal Reserve Bank of New York and the steps that lenders... Read More

This CLE course will provide counsel with an examination of recent legal trends and developments impacting commercial documentation and signatures sent via email, text messaging, or other forms of electronic communication, focusing on loan documentation. The panel will examine legal and practical is... Read More

This CLE program will examine how a warehouse line of credit is documented between a mortgage loan originator and its warehouse lender, the representations and warranties made by the loan originator, and the remedies for breaches. The panel will also discuss the perfection of the lender's security i... Read More

This CLE course will guide commercial finance counsel in drafting intercreditor agreements and those seeking to enforce or resist intercreditor agreements during bankruptcy proceedings. The panel will discuss ways that first lien and second lien lenders can best protect their economic interests in t... Read More

This CLE course will discuss the structuring of subscription credit facilities, with a focus on partnership agreement provisions that provide financing flexibility, defining borrowing base and exclusion events, loan covenants particular to subscription facilities, and lender remedies. The panel will... Read More

This CLE course will discuss the PPP audit process after loan forgiveness has been determined and how to prepare for and respond to an SBA audit. The discussion will include a regulatory update, a review of the PPP loan forgiveness application, and best practices for documenting PPP eligibility and... Read More

This CLE course will examine current market terms and conditions for leveraged loans and high-yield bonds and characteristics common to each type of financing. The panel will discuss various covenants, including additional debt provisions, equity cures, builder baskets, and other key terms and condi... Read More

This CLE course will provide banking and finance counsel with the knowledge to properly document and close SBA loans. The program will cover the terms and conditions of a Section 7(a) loan and the CDC/504 acquisition/equipment financing mortgage loans. The program will discuss recent changes and dev... Read More

This CLE course will instruct lending counsel on critical acquisition agreement provisions to protect lenders, sellers, and buyers. Read More

This CLE course will discuss the issues finance counsel should consider when rendering or reviewing opinions in connection with various types of loan modifications. The discussion will include amendments that add collateral or guarantors, add tranches of debt, or modify borrower ownership structure... Read More

This CLE course will discuss the incentives behind ESG-linked loans for both borrowers and lenders and examine loan provisions and documentation. The panel will discuss the drafting of key performance indicators (KPIs) and reporting obligations, address the failure to meet ESG performance targets, a... Read More

This CLE course will discuss the structuring of credit facilities comprised of multiple funds having similar sponsorship but different borrowing bases. The panel will discuss how the fund group concept should be documented to provide a single credit facility with distinct covenants, reps and warrant... Read More

This CLE course will cover recent changes to the U.S. bank capital rules and the impact on the commercial lending landscape. The panel will discuss how lenders may change loan structures and loan documentation and provisions to meet these requirements. Read More

This CLE course will analyze the terms and characteristics of direct loans and how they vary from syndicated loans. The panel discussion will include financial covenants, collateral and credit support typically required for direct loans, and how private equity lenders can tailor loan terms to each b... Read More

This CLE course will provide lender's counsel with a framework for responding to commercial loan defaults. The panel will discuss remedies typically available under loan documents, creative approaches to deal with troublesome loans, and issues the lender should consider before proceeding with accele... Read More

This CLE course will discuss ship financing structures common in traditional bank loans, the emergence of private fund as a financing source, and deal terms that may vary for private fund lenders. The panel will also discuss documentation and filing of ship mortgages, maritime liens, financial coven... Read More

This CLE course will guide finance counsel on how interest rate swaps and other derivative products are used to hedge risk in loan transactions, how derivatives terms are appropriately integrated into loan documentation, and how to document the swap transaction to ensure consistency with the loan. Read More

This CLE course will discuss PPP lending as recently revised and expanded under the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (the New PPP Act or the Act). Panel discussion will include the new eligibility requirements and lending parameters, procedures for existing PPP b... Read More

This CLE course will analyze the structuring and documentation of prepayment transactions utilized in the commodities markets by purchasers and suppliers. The panel will discuss the benefits of prepayment structures and strategies for mitigating the associated risks. Read More

This CLE course will provide finance counsel with the tools to structure credit facilities for private equity funds, including subscription and net asset value (NAV) based facilities and hybrids that combine aspects of both. The panel will contrast the documentation and collateral for subscription v... Read More

This CLE course will guide attorneys on appealing an adverse lender decision on PPP loan forgiveness. The panel will also discuss the SBA audit process after loan forgiveness has been determined and how to file an appeal of an adverse SBA audit. The discussion will include a regulatory update and a... Read More

This CLE course will examine loan provisions that can become critically important in an event of default, including notice and cure, acceleration, default interest, late fees, and prepayment or "make-whole" premiums. The panel will also discuss pitfalls to avoid in enforcement of these provisions an... Read More

This CLE course will discuss structuring and negotiating key terms of the agreement among lenders (AAL) in a unitranche facility, focusing on tranching, payment waterfalls, interest and fees skims, voting, buyouts, remedies, standstill provisions, and assignments. The program will also discuss the e... Read More

This CLE course will discuss latest guidance on how each of the Main Street Lending Programs should be documented, the mechanics of the Fed's SPV participation in each loan, and concerns that must to be addressed with regard to existing financing. The panel will also discuss the interplay of the loa... Read More

This CLE course will provide banking and loan counsel with guidance for structuring and documenting a supply chain finance (SCF) facility. The panel will discuss their insights, including the pros and cons of this alternative payment structure, as well as critical issues for buyers, suppliers, and i... Read More

This CLE course will prepare counsel to draft and review commercial and standby letters of credit (LCs) that comply with Article 5 of the UCC as well as rules of practice, including International Standby Practices 1998 (ISP98) and Uniform Customs and Practice for Documentary Credits (UCP). The panel... Read More

This CLE course will examine important new developments in equipment financing, including the implementation of lease accounting standards and bundled lease structures which include service components. The panel will also discuss recent case law regarding "true lease" categorization, damages and oth... Read More

This CLE course will examine the U.S. federal income tax issues associated with debt restructurings and workouts, including loan modifications, debt refinancings, and the acquisition of outstanding portfolio company debt, in today's challenging business environment. The panel will discuss planning t... Read More

This CLE course will analyze the contribution obligations of co-guarantors after a borrower defaults on a loan and how a contribution agreement can clarify those obligations. The panel will discuss various actions or circumstances which should be addressed, including partial guaranties, bad acts whi... Read More

This CLE course will analyze the lending parameters and structural features of the Main Street Lending Program established under the CARES Act. The panel discussion will include loan terms, borrower and lender eligibility, and stock buyback and executive comp restrictions placed on participating bor... Read More

This CLE course will examine the Paycheck Protection Program (PPP) and other features of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which expand upon the existing Small Business Administration (SBA) loan programs in response to the COVID-19 pandemic. The panel will discuss exper... Read More

This CLE course will discuss the terms and structuring of delayed draw term loans. The panel will review the evolving uses of delayed draw term loans (DDTLs) in leveraged buyouts (LBOs) and other private equity transactions and critical points of negotiation, including conditions precedent to making... Read More

This CLE course will provide an analytical framework for drafting and negotiating indemnity provisions in commercial loan agreements. The panel will discuss the types of indemnities typically found in commercial finance transactions and the use of insurance as a substitute or a supplement to indemni... Read More

This CLE course will examine three types of credit support packages that lenders may consider when lending to a private investment fund (Fund). The panel will discuss the credit support features of unfunded equity capital commitments of limited partners (capital commitments), a guaranty and an equit... Read More

This CLE course will examine the impact of tax reform on leveraged financing transactions. The panel discussion will include how the new law might affect credit support between affiliates in multinational enterprises, structuring and placement of debt, interest deductibility, and provisions regardin... Read More

This CLE course will examine the purchase, lease, and financing structures available for acquiring aircraft. The panel will examine specific structures involving purchase contracts, security agreements and leasing options. The panel will also discuss underlying concerns for buyers/lessees/borrowers... Read More

This CLE course will discuss equity cure rights provisions in commercial credit agreements. The panel will examine the complex interaction of equity cures with earnings before interest, tax, depreciation, and amortization (EBITDA) financial covenants, forms the equity cure may take when applied in t... Read More

This CLE course will familiarize finance counsel with the technology and some of the current and potential uses of blockchain and distributed ledger technology (DLT) in commercial finance transactions. The panel will also discuss the legal and regulatory hurdles companies may encounter in moving tra... Read More

This CLE course will discuss structuring and negotiating key terms of the agreement among lenders (AAL) in a unitranche facility, focusing on tranching, payment waterfalls, interest and fees skims, voting, buyouts, remedies, standstill provisions, and assignments. The program will also discuss the e... Read More

This CLE course will examine the impact of tax reform on financial and other covenants in commercial loan documents. The Mayer Brown panel will discuss document revisions a borrower might request to address lower corporate tax rates and other tax law changes, and the lender's perspective on those re... Read More

This CLE course will outline ERISA considerations for lenders providing subscription and other credit facilities to private investment funds that have pension funds, retirement plans and other ERISA-regulated entities as investors. The panel discussion will include descriptions of the representation... Read More

This CLE course will examine the options available to litigators to finance litigation costs and how third-party investors underwrite and structure funding arrangements. The panel will also discuss issues associated with third-party involvement, including undue influence, conflicts of interest and d... Read More

This CLE course will provide finance counsel with an understanding of Term Loan B (TLB) transactions and how they can be structured to complement conventional bank loans while providing borrowers with access to non-bank financing on less restrictive terms. Read More

This CLE course will equip finance counsel to structure and document merchant cash advance transactions. The panel will discuss recent cases that distinguish merchant cash advances (MCAs) from conventional loans, and outline best practices for avoiding loan categorization, perfecting a UCC security... Read More

This CLE course will discuss current Basel III standards and how they have impacted the commercial lending landscape. The program will look at the impact of the standards on terms and conditions of loan structures and loan documentation provisions that have been changed by lenders to meet Basel III... Read More

This CLE course will provide guidance on structuring anti-assignment clauses in secured debt financing agreements and interpreting financing agreement terms that are often not properly understood, including "ordinary course of business," "best efforts," "reasonable best efforts" and "commercially re... Read More

This CLE course will analyze the newly finalized regulations regarding uncleared swap margin requirements, how the new changes impact the ability of financial institutions to enter into over-the-counter swaps generally, and how collateral documentation will need to be revised to ensure that derivati... Read More

This CLE course will address the basics of structured finance facilities, including isolation of assets, bankruptcy-remote structures and waterfall technology.The program will focus on understanding these facilities and - in particular - their importance and application inside a capital structure th... Read More

This CLE course will provide counsel with strategies for restructuring a distressed loan, focusing on equity cure rights and loan amendment and modification techniques. The program will discuss strategies from the perspectives of both lenders and borrowers to execute a successful and efficient worko... Read More

This CLE course will prepare business and finance counsel in structuring loan transactions in which stock, bonds, mutual funds and other investment vehicles are used as collateral to secure the loan. The program will address how to properly perfect the security interests while complying with Regulat... Read More

This CLE course will provide guidance to finance counsel for evaluating and structuring acquisition financing in the current market. The panel will discuss recent trends and practical strategies for approaching loan documentation. Read More

This CLE course will discuss key bank regulatory actions taken designed to address bank capital, leverage and liquidity, particularly the Leveraged Lending Guidance, Capital Requirements, Liquidity Coverage Ratio (LCR) and the Net Stable Funding Ratio (NSFR). The program will focus on the impact of... Read More

This CLE course will discuss the varying structures of unitranches that are in the market today, considerations regarding the enforceability of Agreement Among Lenders ("AALs"), and the Delaware Bankruptcy Court's recent consideration of the RadioShack Corp. AALs. Read More

This CLE course will discuss commercial loan and equity lending deal terms for middle market businesses, negotiation points from both borrower and lender perspectives, and the outlook for lending and deal terms in 2015. Read More

This CLE course will examine market trends and terms in middle market leveraged finance deals for PE acquisitions, as well as typical capital structures in connection with such transactions. Read More

This CLE course will provide banking and commercial finance counsel with an analysis of covenant-lite loans, typical provisions, key elements, how they compare to earlier terms, as well as market trends for U.S. middle market deals and European deals. Read More

This CLE course will discuss the structure of unitranche loan facilities, the differences between unitranche loan facilities and first/second lien facilities and senior/mezz facilities, current trends in the unitranche loan facility "market," and potential enforcement issues with (AALs) after a defa... Read More

This CLE course will provide commercial finance counsel with a drill down on the uses and calculation of EBITDA in our evolving credit market. The panel will specifically identify common add-backs to EBITDA in standard middle market deals, as well as sponsored private equity deals. Read More

This CLE course will provide commercial finance attorneys with a review of loan buyback provisions, explaining how they can fail to protect non-affiliated lenders and offering approaches to negotiate and draft to address non-affiliated lenders' concerns. Read More

This CLE course will provide business counsel with a review of Regulations U and X, Rule 144, and UCC Articles 8 and 9, focusing on how to structure financing secured by stock, hedge fund shares, 40 Act companies and other investment vehicles. Read More

This CLE course will provide borrowers' and lenders' counsel with a review of loan documentation recent trends and best practices for structuring covenants and events-of-default clauses in commercial loans. Read More

This CLE course will prepare commercial finance counsel to leverage the small business investment company (SBIC) program as a capital raising alternative. The panel will identify when this option is viable, discuss accessing leverage commitments, and outline how to navigate licensing requirements. Read More

This CLE course will provide guidance to counsel for lenders and borrowers on negotiating loan commitment letters. The panel will outline best practices for enforcing loan commitments and resolving disputes. Read More