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Who should attend Decoding Commercial Loan Documents In 2005 - What Bankers And Borrowers Need To Know
This one-day seminar is designed for attorneys and paralegals, loan officers, vice presidents, commercial loan officers, credit and collection managers, branch managers, loan department personnel, accountants and auditors.
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Decoding Commercial Loan Documents In 2005 - What Bankers And Borrowers Need To Know  

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This one-day seminar is designed for attorneys and paralegals, loan officers, vice presidents, commercial loan officers, credit and collection managers, branch managers, loan department personnel, accountants and auditors.

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Seminar Summary:

This seminar will cover the basic fundamentals of commercial loan documents and provide real-world practical advice on how to avoid the typical pitfalls that often derail a closing. (see full course description)

 
 

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Training Course Syllabus:


This seminar is designed to help commercial loan professionals and their counsel enhance their understanding of the commercial loan documentation process and the standard loan documents that make up a typical loan closing. Updated to include the most recent legal developments in this field, this seminar will cover the basic fundamentals of commercial loan documents and provide real-world practical advice on how to avoid the typical pitfalls that often derail a closing.

Seminar highlights:

  • Whose documents are they? - Ethical issues in takeout refinancings
  • Minimizing bankruptcy risks through proper loan structures
  • Term sheets and commitment letters - the pros and cons
  • Debt obligation agreements - loan agreements, promissory notes and guarantees
  • Legal opinions - benefits and burdens
  • Personal property collateral documents - pledge and security agreements, deposit account control agreements, UCC-1 financing statements
  • Real estate collateral documents - mortgages and title policies
  • Post-closing perfection due diligence - debtor name changes, mergers, collateral transfers
  • Forbearance and workout agreements/foreclosure proceedings
  • Enforcing personal guarantees after the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005

Learning objectives:

  • The attendee will be able to discuss the impact of enforcement of personal guarantees of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
  • The attendee will be able to identify critical provisions of basic loan documents.
  • The attendee will be able to recognize post-closing perfection issues.

8:30 a.m. - 8:35 a.m.

I. Introductory Remarks And Program Overview

8:35 a.m. - 9:00 a.m.

II. Recognizing And Avoiding Conflicts And Misunderstandings – Ethical Issues In Lending

A. Conflicts Of Interest – Obtaining Informed Consent

B. Attorney's Fees – Reaching A Clear Fee Agreement

C. Whose Documents Are They? – Ethical Issues In Takeout Refinancings

9:00 a.m. - 9:50 a.m.

III. Creating The Blueprints – Starting The Deal

A. Minimizing Bankruptcy Risks Through Proper Loan Structures

B. Term Sheets And Commitment Letters

9:50 a.m. - 10:45 a.m.

IV. Documenting The Lender's Agreement To Lend And The Borrower's/Guarantor's Promises To Repay The Loan – Debt Obligation Agreements

A. Loan Agreements

B. Promissory Notes

C. Guaranties

10:45 a.m. - 10:55 a.m.

Break

10:55 a.m. - 11:15 a.m.

V. Legal Opinions – Benefits And Burdens

11:15 a.m. - 12:00 p.m.

VI. Documenting The Lender's Security Interest – Personal Property Collateral Documents

A. Pledge And Security Agreements

B. UCC Financing Statements

C. Bank Deposit Account Control Agreements

12:00 p.m. - 12:15 p.m.

VII. Questions And Answers

12:15 p.m. - 1:15 p.m.

Lunch (Included)

1:15 p.m. - 2:15 p.m.

VIII. Documenting And Foreclosing On The Lender's Mortgage Lien – Real Estate Collateral Documents

A. Mortgage Loan Documentation

B. Title Insurance

C. Foreclosure Procedure In Massachusetts

2:15 p.m. - 3:00 p.m.

IX. Post-Closing Perfection Due Diligence – No Rest For The Lender

A. Debtor Name/Legal Entity Reorganizations

B. Mergers And Acquisitions

C. Collateral Transfers

3:00 p.m. - 3:10 p.m.

Break

3:10 p.m. - 4:15 p.m.

X. When It All Falls Apart – Dealing With Default/Creditors' Rights

A. Forbearance And Workout Agreements

B. Enforcing Post-Judgment Remedies

C. Personal Property Foreclosures Under Article 9

D. Enforcing Personal Guaranties After The Bankruptcy Abuse Prevention And Consumer Protection Act Of 2005

4:15 p.m. - 4:30 p.m.

XI. Questions And Answers

Seminar Summary:

This seminar will cover the basic fundamentals of commercial loan documents and provide real-world practical advice on how to avoid the typical pitfalls that often derail a closing. (see full course description)

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