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Course Details

Restructuring the Commercial Loan

Webinar: ID# 1011725
Recorded CD
Qty:
About This Course:
A commercial loan restructuring requires a working knowledge of a number of commercial law aspects, e.g., bankruptcy, transactional and litigation issues. This live audio conference will help provide you with an understanding of these issues from inception through the end of the commercial loan restructuring process. Listen to our panel of experienced counsel provide seasoned advice so that you will be able to understand various issues and approaches to loan workouts; learn the significance of key loan provisions to both borrower and lender, and market trends; and obtain negotiating pointers to benefit your client. You will review strategies related to all stages of loan default and explore the effect of bankruptcy preference and fraudulent transfer law on workouts or modifications. You will also hear current concerns from peers through questions to and answers from our experienced faculty.

Agenda

    Pre-Deal Planning

    • Identifying Lender and Borrower Issues
    • Collateral Coverage and Perfection
    • Intercreditor and Subordination Agreements
    • Recourse vs. Nonrecourse Issues
    • Securitization Challenges
    The Restructuring Phase

    • Analysis of Current Position
    • Loan Document Review Issues
    • Analysis of Borrower's Financial Condition Business Ops and Collateral
    • Consideration of Rights and Remedies of Other Interested Parties
    • Identification of Pros and Cons to Various Other Remedies
    • Consensual Resolution: Negotiating the Turnaround – Implementing the Exit Strategy
    • Forbearance Agreements
    • Reservation of Rights, Prenegotiation Letters and Default Notices
    • Resolving Preferences
    • Waivers and Loan Agreement Modifications
    • Consensual Restructurings
    Alternatives to Consensual Workouts

    • Loan Sales, Secured Party Sales, Retention of Collateral
    • Assignments for the Benefit of Creditors
    • Receiverships
    • Bankruptcy Issues
    • Debtor in Possession Financing and Exit Financing Issues
    • Cash Collateral Issues
    • Preferences, Fraudulent Transfer and Recharacterization Issues
    • Relief From Stay Issues
    • Takeaway
    Questions and Answers

      Faculty

      Victor G. Milione

      • Practice group leader for Nixon Peabody LLP's Global Financial Restructuring and Bankruptcy Group
      • Practice emphasizes all aspects of financial restructuring and bankruptcy
      • More than 26 years of experience representing various clients including financial institutions, securitization trustees and special servicers in the workout, restructuring and adversarial proceedings involving billions of dollars in commercial loans
      • Consistently ranked as one of the top 25 bankruptcy lawyers in the country by The Deal
      • Recognized as a Massachusetts Super Lawyer in bankruptcy based on a peer-review survey by Boston Magazine
      • Recognized for exceptional standing in the legal community in Chambers USA: America's Leading Lawyers for Business for bankruptcy
      • Frequently writes about and speaks on bankruptcy and commercial law subjects around the country
      • Frequently quoted as an authority on bankruptcy and litigation issues in print media nationwide
      • Taught courses on business and bankruptcy law for area colleges, and is has been a guest lecturer on distressed real estate finance at Boston College
      • J.D. degree, Suffolk University Law School; B.A. degree, University of Connecticut
      • bio info

      Daniel W. Sklar

      • Partner in the Manchester, New Hampshire, office of Nixon Peabody LLP
      • Focuses on all aspects of financial restructuring and bankruptcy with extensive experience in the area of corporate law and commercial transactions
      • Represented debtors, trustees, secured creditors, committees, stockholders, lessors and senior executives in large Chapter 11 cases around the country for more than 20 years and has been involved in a number of international insolvencies
      • Listed in Best Lawyers in America since 1989, recognized for exceptional standing in the legal community in Chambers USA: America's Leading Lawyers for Business for bankruptcy work and recognized in Chambers USA in previous years, and as a New England Super Lawyer in bankruptcy and creditor/debtor rights based on a peer-review survey by Boston magazine, 2007
      • Adjunct professor of law at Franklin Pierce Law Center, teaching a course on bankruptcy and reorganization
      • LL.M. degree, Boston University Law School; J.D. degree, cum laude, Boston College Law School; B.A. degree, University of Pennsylvania
      • bio info

      Who Should Attend

      This teleconference is designed for attorneys, presidents, vice presidents, loan officers, loan department personnel, branch managers, credit and collection managers, real estate professionals, controllers, accountants and auditors.

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