Structuring Real Estate Mortgage Covenants, Event of Default Provisions, Representations and Warranties
Drafting Provisions That Balance Borrower Protections With Lender Remedies
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will instruct borrowers' and lenders' counsel on structuring default provisions, representations and warranties, affirmative and negative covenants, and other provisions in commercial real estate loan documents. The panel will discuss the most recent trends and best practices.
Outline
- Loan covenants
- Affirmative
- Negative
- Financial
- Default provisions
- Cross-default
- Insolvency-related events
- Due on sale; change of control
- Material adverse change
- Reps and warranties
- Relating to the property
- Non-physical aspects of the property
- Due diligence
- Loan documentation
- Other
Benefits
The panel will review these and other critical issues:
- What are borrowers' and lenders' best tactics for mitigating risk when negotiating and drafting financial covenants?
- What financial covenants are required by lenders?
- How can the borrower and lender each minimize risk when drafting or relying on default provisions?
- What are the standard property representations found in most facility agreements and what limitations do borrowers typically seek concerning representations?
Faculty
![Dreyfus, Caroline](/img/t/e419b1bc4a1baff71aed06feeb0efa71.jpg)
Caroline W. Dreyfus
Partner
Cox Castle & Nicholson
Ms. Dreyfus is a finance attorney with a practice that involves assets in every state, having represented every type of... | Read More
Ms. Dreyfus is a finance attorney with a practice that involves assets in every state, having represented every type of lender from large national banks and life insurance companies to small private lenders and conduit lenders. She also works with borrowers in acquisitions and dispositions as well as all their financing needs. The types of transactions for both lenders and borrowers cover the entire spectrum from straight mortgage and construction loans, CMBS loans, Fannie Mae and Freddie Mac loans, and mezzanine loans to lines of credit, syndicated loans, and sale-leaseback transactions. Ms. Dreyfus also represents clients in the selling and purchasing of loans, both individual notes along with portfolios, including an analysis of all the due diligence and existing financing documents.
Close![Homburger, Thomas](/img/t/e7a2173439a67ac5374871842b4e92be.jpg)
Thomas C. Homburger
Attorney
University of Arizona James E. Rogers College of Law
Mr. Homburger concentrates his practice in the area of real estate financing, development and investment, and he is... | Read More
Mr. Homburger concentrates his practice in the area of real estate financing, development and investment, and he is particularly noted for his experience in sale/leaseback transactions and the use of advanced financing techniques. He served as an adjunct professor of law at The John Marshall Law School, where he taught a course in advanced real estate transactions. He is a frequent speaker and writer on topics such as sales and leaseback financing, commercial real estate leases and mortgages, and numerous others.
Close![O’Connell, Christine](/img/t/0a646cfe515bda3c846c956f874b74e7.jpg)
Christine O’Connell
Partner
King & Spalding
Ms. O’Connell represents major investment banks, private equity funds, and other institutional lenders in the... | Read More
Ms. O’Connell represents major investment banks, private equity funds, and other institutional lenders in the origination, acquisition, disposition, and restructuring of both mortgage and mezzanine construction, bridge, balance sheet, and securitized loans and preferred equity investments in connection with the acquisition, development, redevelopment, and refinancing of various asset classes throughout the U.S. In addition, she advises clients on structuring and negotiating complex loan transactions, from loan origination to the restructuring and work out of, and the exercise of remedies (including foreclosures and deed in lieu of foreclosure arrangements) under, such loans. Ms. O'Connell has experience working on the formation of joint ventures, corporations, limited partnerships, and limited liability companies in connection with her representation of developers, investors, property managers, and hotel owners in a variety of transactions that include the purchase, sale, and financing of various real estate assets.
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