Your Definitive Guide to Commercial Real Estate Loan Documentation
Commercial real estate loan documentation challenges novice and experienced attorneys alike. In this comprehensive loan documentation guide, our experienced faculty will walk you through the in's and out's of necessary documents, personal guarantees and more, so you can more confidently guide your clients through the lending process. Take the confusion out of commercial real estate loan documentation and ensure you have a solid, foundational knowledge - register today!
- Analyze the mechanics of commercial real estate loan documentation, and ensure your clients' documents pass muster.
- Negotiate prepayment penalties, partial releases and other critical loan document sticking points in your client's favor.
- Ensure your clients' assets are protected by limiting the amount of personal guarantees.
- Spot the inherent risks in boilerplate environmental indemnity agreements and ensure your clients avoid undue liability.
- Understand when the best time is to negotiate a commercial real estate loan workout.
All times are shown in Eastern time
- The Mechanics of Loan Documentation - A Step-by-Step Guide with Sample Forms and Documents
11:00 - 12:00, Don J. Miner and Jeffrey S. Pitcher
- Promissory Note
- Loan Agreement
- Mortgage Filing
- Deeds of Trust, or Security Instruments
- Lease Assignments and Rents
- Security Agreements and UCC Filings
- Key Borrower Information - Organizational Documents, etc.
- Title Insurance Commitments and Surveys
- Negotiation Tips for Critical Commercial Loan Document Sticking Points
12:15 - 1:15, Don J. Miner
- Prepayment Penalties
- Equity Issues and Secondary Loans
- Due on Sale Clauses
- Partial Releases
- Material Adverse Changes
- Insurance Issues in Commercial Loan Documents
- Subordination and Non-Disturbance Agreements
- Personal Guarantees - Determining Acceptable Risk for Borrowers and Lenders
1:15 - 2:15, Jeffrey S. Pitcher
- Personal Guarantees and Veil Piercing
- Full Guarantee vs. Non-Recourse Carve-Out Guarantee
- Limiting Guarantee Amounts
- Terms of Relief
- Reporting Requirements
- Ensuring Environmental Indemnity Agreements Fit the Commercial Loan Transaction
2:45 - 3:45, Don J. Miner
- Allocating Risk - Buyer and Lender Perspectives
- Environmental Testing and Lender Due Diligence
- Insurance Coverage Issues
- Current Court Interpretations: The Dangers of Boilerplate Language
- Negotiating and Drafting Commercial Real Estate Loan Workouts
3:45 - 4:45, Jeffrey S. Pitcher
- Leverage - When is the Best Time for Borrowers to Negotiate?
- Due Diligence for Lenders
- Payment Obligation Modifications
- Obtaining Guarantor Consent
- Collateral Issues
- Identifying Additional Collateral
- Modifications to Existing Collateral
- Default and Enforcement Provisions
- Ethical Considerations for Commercial Real Estate Transactions
5:00 - 6:00, Steven R. Sorenson
- Disclosure Requirements
- Unrepresented Parties
- Representation of Multiple Parties
- Conflicts of Interest
This informative overview of commercial real estate loan documentation is for attorneys. Banking executives, loan officers, loan underwriters and paralegals may also find it useful.