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Course Details

Commercial Loan Guarantees

Webinar: ID# 1014005
Recorded CD
Qty:
About This Course:
It is critical for a lender to have a thorough understanding of the broad spectrum of types and variations of guarantees, what constitutes an enforceable guaranty and what arrangements give rise to guarantor rights and defenses or what those rights and defenses are.

Similarly, a lender must understand the steps the lender may take or what the lender should avoid at loan origination, during administration and upon loan enforcement to increase the likelihood of recovery from guarantors and mitigate or eliminate the possibility of loss of the right to recover from the guarantor. Failure to understand these issues can impede a lender's ability to structure transactions to satisfy the lending institution's and the guarantor's needs and may result in restrictions on recovery or an inability to recover from guarantors.

This live webinar is intended to help lending, credit approval and workout officers understand the wide array of guarantees, which type of guaranty is right for a particular transaction, how to structure a guaranty to obtain the desired results, critical provisions to be included in guarantees, and how to avoid losing the lender's rights against guarantors. This webinar will also touch on recent developments or current hot topics in guarantees.

Covered Topics Include:
  • Guarantees - Generally
    • Terminology
    • Typology of Guarantees
    • Guaranty or Not Guaranty
    • Arrangements Characterized as Guarantees That Aren't Guarantees
    • Arrangements Not Denominated as Guarantees That Give Rise to Guarantor Rights and Defenses
  • Enforceability Issues
    • Rights and Defenses of Guarantors
    • Duties of Lenders to Guarantors
  • Selected Issues in Drafting Guarantees
  • Selected Issues in Enforcement of Guarantees
  • Current Hot Topics in Guarantees
Faculty

Morgan T. Jones
  • Partner in the international law firm of Seyfarth Shaw LLP, resident in its San Francisco and Sacramento offices
  • Practices in the area of commercial and real estate law, with a particular emphasis on banking and finance
  • Has represented foreign and domestic banks, savings and loan associations, life insurance companies, and unregulated lenders in a wide variety of financing transactions, including drafting, negotiation and enforcement of, and workouts involving, commercial loan guarantees
  • Regularly speaks and writes on various topics pertaining to debt financing
  • J.D. degree, UCLA School of Law; M.A. degree, UCLA; B.A. degree, U.C. Santa Barbara
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Commercial Loan Guarantees
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