Drafting Guaranties and Nonrecourse Carveouts in Commercial Finance Transactions
Enforceability Issues for Lenders and Guarantors In and Out of Bankruptcy
A live 90-minute premium CLE video webinar with interactive Q&A
This CLE course will provide finance counsel with an analysis of the enforceability of loan guaranties, including bad boy carveouts, in loan default and bankruptcy scenarios. The panel will also discuss potential liabilities for the lender and common defenses asserted by borrowers and guarantors.
Outline
- Contested loan guaranties and recent court decisions
- Enforcement and liability issues from the lender's perspective
- Defenses and liability issues from the guarantor's perspective
- Impact in the context of bankruptcy
- Drafting loan guaranties and carveout provisions
Benefits
The panel will review these and other key issues:
- In what situations will lack of consideration be a viable defense to enforceability?
- What lender liability risks are inherent in dealings with a guarantor?
- What legal and business strategies can lenders employ to maximize their recovery?
- What has been the impact of bad boy guaranties in a distressed debtor's restructuring option?
Faculty
Meryl Diamond
Director
McCoy & Orta
Ms. Diamond focuses her practice on commercial real estate finance. She has extensive experience in, and her practice... | Read More
Ms. Diamond focuses her practice on commercial real estate finance. She has extensive experience in, and her practice involves, the representation of national banks, debt funds and other institutional lenders in all aspects of the origination, purchase, and sale of portfolio and securitized (both conduit and SASB) commercial mortgage loans, mezzanine loans, syndicated loans, subordinate notes and participation interests secured by commercial real estate properties in all 50 states consisting of all asset types including large, complex single and multi-property transactions and the representation of lenders, servicers and asset managers in connection with restructuring, workouts and foreclosures of both mortgage and mezzanine loans.
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Matthew D. Parrott
Partner, Co-Head Real Estate Litigation Group
Fried, Frank, Harris, Shriver & Jacobson
Mr. Parrott concentrates his practice in the representation of commercial lenders and other parties in disputes and... | Read More
Mr. Parrott concentrates his practice in the representation of commercial lenders and other parties in disputes and transactions involving sophisticated real estate structures, financings, workouts, mortgage and UCC foreclosures, restructurings, joint venture disputes, acquisitions and dispositions of all asset classes of real estate. The firm’s real estate and real estate finance clients routinely engage him to handle their most complex and difficult litigation matters. Mr. Parrott is recognized as one of the nation’s top commercial finance and real estate litigation attorneys by multiple industry sources and regularly writes and presents on industry topics.
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