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.
- 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
- 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
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
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
To Repay The Loan Debt
A. Loan Agreements
B. Promissory Notes
10:45 a.m. - 10:55 a.m.
10:55 a.m. - 11:15 a.m.
V. Legal Opinions Benefits And
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.
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
A. Debtor Name/Legal Entity Reorganizations
B. Mergers And Acquisitions
C. Collateral Transfers
3:00 p.m. - 3:10 p.m.
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