Commercial Real Estate Loan Documentation: Fundamental Drafting and Negotiating Strategies for Borrowers and Lenders
TBD
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Real Property - Transactions
- event Date
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will provide an introduction and practical guide to the key features and terms contained in commercial real estate loan documents. The panel will discuss provisions of particular concern to borrowers and lenders and typical negotiating points.
Documentation of commercial real estate loan transactions has grown increasingly complex over the years. Commercial loans now generally include a note, mortgage and security agreement, loan agreement, assignment of leases, environmental indemnity, financing statements, cash management agreement, and guaranty, and require negotiation of a myriad of issues relating to the borrower and its operation of the property.
The lender seeks protection of its collateral and as much control, information, rights, and remedies as possible. Consequently, the lender's loan documents generally cover a broad set of issues and impose various obligations and restrictions on the borrower.
The borrower in a loan transaction wants to ensure that the loan documents properly reflect the business deal and do not impose obligations that are inconsistent with the way the borrower leases and operates the property. The borrower wants to limit the extent to which personal liability is imposed on the borrower or its principals. Prepayment and due on sale provisions are common points of contention between borrowers and lenders. Therefore, these terms deserve a close look by borrower's counsel.
Listen as our authoritative panel provides an overview of the key provisions in commercial mortgage loan agreements and explains what the terms mean and how they work. The panel will also highlight concerns of borrowers and lenders regarding various terms and the extent to which certain provisions can be negotiated.
- Review of primary mortgage loan documents
- Key provisions in mortgage loan agreements
- Role of the lawyer: lender's counsel vs. borrower's counsel
- Documentation issues of special concern for borrowers and lenders
- Negotiating and drafting strategies and tips
- Practitioner pointers and key takeaways
The panel will review these and other critical issues:
- What are the components of a typical commercial mortgage loan agreement and how do they work?
- What is the role of the lawyer in a real estate financing transaction?
- From the lender's standpoint, what deal points must be included in a loan agreement? When does a lender have some flexibility in negotiating various terms?
- What provisions are of the most concern to the borrower, and to what extent can they be negotiated?
