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Course Details

Forbearance Agreement Fundamentals

Webinar: ID# 1015324
Recorded CD
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About This Course:
In this current and prolonged economic downturn, there has been a significant increase in the number of borrowers that have defaulted under debt agreements.

During this period of economic uncertainty, a borrower will likely find itself with fewer options when facing a default. That borrower will be forced to work with its existing lender to obtain either a waiver or a forbearance agreement.

This webinar will discuss the critical actions and legal issues that a lender should consider when entering into a forbearance agreement. In particular, the panelists will address the legal considerations that the parties should consider in determining if a waiver or forbearance agreement is appropriate, certain actions that lenders should consider to bolster its position on a post-default basis, and the types of provisions that the parties may consider in drafting and negotiating a waiver or forbearance agreement.

Agenda

Forbearance vs. Waiver
Lender Protection Actions
  • Collateral Due Diligence
  • Springing Liens and Guarantees
  • Bolstering Priority Position of Liens
  • Fraudulent Conveyance and Preference Considerations
Intercreditor Issues
  • Impact of Enforcement Actions
  • Notices of Defaults
  • Standstill Issues
  • Negotiating Post-Default Intercreditor Agreements
Critical Documentation Issues
  • Necessary Estoppel and Ratification Provisions
  • Scope, Duration and Termination of Forbearance
  • Fee Considerations
  • Lender Liability Issues
About The Presenters

Stephen M. Pezanosky
  • Partner with Haynes and Boone, LLP
  • Chair of the firm's Bankruptcy and Business Restructuring Section
  • Has practiced since 1991 in the areas of corporate bankruptcy, corporate reorganizations and commercial litigation
  • Has written and spoken on many topics related to his areas of expertise
  • Chambers USA, Bankruptcy/Restructuring in Texas, 2010 to 2014; Best Lawyers in America, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, Litigation Bankruptcy, 2005 to 2007, 2009 to 2014; Texas Super Lawyers; Texas Monthly, 2003 to 2013; Attorneys of Excellence - Elite 100; Fort Worth Business Press, 2003 to 2005; Best Lawyers in Fort Worth; Fort Worth Magazine, 2004 to 2006, 2009 to 2013; Best Lawyers in Dallas Under 40, D Magazine, 2002; achieved the highest rating in the Martindale Hubbell Law Directory
  • J.D. degree, cum laude and Order of the Coif, Texas Tech University School of Law; B.A. degree, cum laude, Texas Tech University
Todd Ransom
  • Partner with Haynes and Boone, LLP
  • Concentrates his practice in the areas of finance and energy
  • Finance practice includes the representation of hedge funds, private equity firms, investment banks and other financial institutions in connection with various financing arrangements
  • Energy practice includes the representation of energy companies, hedge funds, private equity firms, investment banks and other financial institutions in connection with oil and gas reserve based financing transactions, other energy based financing arrangements and energy asset acquisitions and divestitures
  • Co-wrote, "Stopping the Bleeding: Pre-Foreclosure Rights and Equity Collateral," Bloomberg BNA's Banking Report, April 1, 2014
  • Selected for inclusion in Texas Super Lawyers - Rising Stars Edition, 2007
  • J.D. degree, cum laude, University of Houston Law Center; B.A. degree, State University of New York at Plattsburgh
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Forbearance Agreement Fundamentals
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