TELESEMINAR: Real Estate Finance: Negotiating and Documenting Commercial Real Estate Loans, Part 2 – A National Perspective
February 27, 2013
12:00 – 1:00 p.m.
1.00 MCLE hours
The process of obtaining, negotiating and documenting commercial real estate loans has become much more time-consuming and complex as lenders of all types are now more stringent in the loans they are willing to make. Banks and other types of lenders are spending more time in due diligence with the borrower, demanding more stringent guarantees, giving fewer concessions in reps and warranties, and charging greater fees. The demands on attorneys reviewing these documents for clients have never been greater. This program will provide you with a real world guide to commercial real estate loan documents, including reviewing and drafting key provisions of the loan, loan proposals and commitment letters, due diligence, inter-lender considerations, closing and post-closing conditions. Part 2 of 2.
- Role of guarantees – recourse v. non-recourse, carry v. full-guaranty, term and release
- Representations and warranties – most highly negotiated provisions
- Security interests and rights of senior and junior creditors
- Co-lender/participation agreements
- Inter-creditor considerations
- Planning considerations for the event of default or bankruptcy
Michael D. Hamilton, DLA Piper, LLP, Los Angeles
Richard R. Goldberg, Ballard Spahr, LLP, Philadelphia