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Course Details

Strategies And Common Pitfalls In Commercial Lending: When Using Equity Interests As Collateral

Webinar: ID# 1020339
Recorded CD
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About This Course:
Equity interests, whether stock of public companies or stock, partnership interests or LLC interests in private companies, are regularly used as collateral in commercial loan transactions.

Using equity interests as collateral can present multiple challenges and requires thoughtful consideration of many issues, including, UCC provisions, applicable securities laws, Federal Reserve Board margin regulations, the Bankruptcy Code and general issues related to foreclosure and the enforcement of remedies generally.

Review best practices for structuring equity secured loans.

Agenda

Common Types of Equity Interests
  • Stock of Public Companies
  • Stock of Private Companies
  • Partnership and LLC Interests
  • Ownership Interest in Foreign Companies
Documentation and Perfection Issues
  • UCC Issues
  • The Indirect Holding System
  • Federal Reserve Board Margin Regulations
  • Contractual Issues
Lender Remedies
  • UCC Issues
  • Bankruptcy Issues
  • Securities Law Issues
  • Contractual Issues
  • Lender Liability Issues
About The Presenters

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
Craig S. Unterberg
  • Partner with Haynes and Boone, LLP
  • Leads the firm’s Prime Brokerage and Equity Lending Practice
  • Represents financial institutions on broker-dealer and hedge fund restructuring matters
  • Advises dealers and funds on collateral segregation and bankruptcy safe-harbor matters
  • Serves as a member of ISDA’s committee on collateral segregation
  • Frequent speaker and writer on a wide variety of topics related to distressed debtors including forbearance agreements, workout considerations, and collateral protection, avoidance and preference issues
  • Named one of the Best Lawyers Under 40 by D Magazine
  • Named a New York Rising Star - Metro Edition, 2012
  • J.D. degree, cum laude, Tulane University Law School
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Strategies And Common Pitfalls In Commercial Lending: When Using Equity Interests As Collateral
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