Drafting And Enforcing Specialized Guaranties In Support Of Secured Loans
|Date / Time:
Gain a better understanding of how the structure of the borrower parties directs which parties can provide a guaranty, and discuss guaranty types and what benefits and risks they provide and how they fit into different deal structures. Lender Issues in Reviewing Entity Structures and Determining Potential Guarantor Parties Based on Entity IssuesSources of Recourse – Statutory, Contractual and Practical
Review alternatives to guaranties to provide credit support from sponsors and other interested parties who either cannot or will not execute a guaranty, but are willing to provide specific supplemental credit support for various loans.
Gain a better understanding of the interaction between borrower entity structures and guarantor or third party recourse to provide secondary support for a secured loan.
Review of Borrower Entity Structure Relating to Primary Obligor Recourse – Overview of Different Entity Types and Impact on Direct Obligor Liability
Use of Creative Guarantor or Alternative Agreements to Provide Credit Support
- Statutory Limitations or Restrictions Under State Law for Primary Obligors and Relationship to Guarantor Recourse
- De Facto Limitations Resulting From Structure of the Deal And/or the Borrower Parties
- Contractual Limitations on Recourse
About The Presenter
Ren R. Hayhurst
- Practice focuses on all aspects of lender representation, including real estate and commercial loan documentation, real estate loan workouts and foreclosure, receivership and loan/guaranty enforcement litigation
- Negotiated and documented standard and revolving line of credit loans for the acquisition, development and construction of regional shopping centers, retail power centers, single family and multi-family residential housing projects and industrial buildings and warehouses
- Has documented and closed loans involving real property security in every State in the country; he also has negotiated and documented real estate syndication/participation loans and REMIC conduit loan packages
- Has a vigorous real estate practice on the developer’s side, having negotiated and documented real estate purchase and sale transactions involving shopping center, industrial building and hotel projects
- Was a trial attorney for the first nine years of his professional life and has represented lenders and borrowers in litigation matters concerning the enforcement of secured and unsecured loan transactions
- Recently has been heavily involved in negotiating and documenting a wide variety of real estate workout transactions, both pre-bankruptcy and following the filing of a bankruptcy petition
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