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Course Details

Restructuring The Commercial Loan

Webinar: ID# 1023346
Recorded CD
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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 webinar 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
About The Presenter

Victor G. Milione
  • Partner and 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 30 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
  • 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 and in the Martindale-Hubbell Law Directory
  • 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 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
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Restructuring The Commercial Loan
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