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. Our panel of experienced counsel provides 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.
Review strategies related to all stages of loan default and explore the effect of bankruptcy preference and fraudulent transfer law on workouts or modifications. Hear current concerns from peers through questions to and answers from our experienced faculty.
What You'll Learn: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
