News & Analysis as of

Contract Negotiations Lenders

Strafford

[Webinar] Distressed Financing: Avoiding Pitfalls in Planning and Execution - Agency Resignation and Transfer, Rebalancing of...

Strafford on

This CLE course will examine some of the more common pitfalls in loan restructurings that are frequently unidentified or ignored until they appear at or after closing. The panel discussion will include agency resignations,...more

Strafford

[Webinar] Erroneous Payment Provisions in Loan Agreements: Common Features; LSTA Form; Negotiation Tips - Fine Tuning Revlon...

Strafford on

This CLE webinar will explore the evolution of erroneous payment provisions in credit agreements as a result of the infamous Revlon case. The panel will review provisions developed by market participants, including language...more

Strafford

[Webinar] Financing-Related Provisions in Acquisition Agreements - March 13th, 1:00 pm - 2:30 pm EDT

Strafford on

This CLE course will provide an overview of critical financing-related provisions in acquisition agreements from multiple perspectives and provide a conceptual understanding of how the provisions in question interplay with...more

Cadwalader, Wickersham & Taft LLP

No Need to Pretend – Just Extend – if Borrowers Ask to Delay Repayment

Today’s high interest rate environment presents a challenge to many commercial real estate borrowers whose loans are now reaching maturity. Some borrowers are unable to repay their loans, while others are approaching the loan...more

Goodwin

Negotiating Preferred Equity Recognition Rights in Hospitality Deals

Goodwin on

In recent years, hotel sponsors and developers have increasingly turned to alternative capital sources, like preferred equity, to finance and reposition their existing assets and fund new acquisition and development...more

Bennett Jones LLP

B.C. Court of Appeal Decision Reminds Parties to Contracts to Read Before Signing

Bennett Jones LLP on

Written contracts are an essential tool in confirming the terms of an agreement between two parties following an apparently successful negotiation. Yet too often parties treat such agreements as mere formalities, signing them...more

Farella Braun + Martel LLP

Hidden Liens in Custom Crush Relationships: How to Avoid Being Caught Between Creditors

Custom crush is an effective method for vintners to start and grow their label and brand without requiring the capital intensive investment of a dedicated winery. When evaluating potential custom-crush facilities and...more

McDermott Will & Emery

[Webinar] Navigating the Labyrinth of the K-Trust: How to Negotiate with Korean Lenders in Loan Restructurings - December 1st,...

McDermott Will & Emery on

Korean lenders have made a significant number of commercial real estate loans in the United States, many of which are now in default. Jin Kim of BridgeRock Capital and Brian Donnelly of McDermott Will & Emery will provide...more

Farella Braun + Martel LLP

[Webinar] Wine Industry Roundtable - November 5th, 10:00 am - 11:30 am PT

COVID, fires, shut downs, smoke taint: 2020 has brought one challenge after another to the wine industry. With our roots in the industry we ourselves are dealing, and are seeing our clients and friends deal, with many novel...more

Greenberg Glusker LLP

Lessons for Health, Beauty & Wellness Companies [Part 3]: When to Consider Acquiring a Distressed Company

Greenberg Glusker LLP on

In this short, three-part video series, Greenberg Glusker Partners Andrew Apfelberg and Brian Davidoff discuss important financial considerations for health, beauty and wellness companies in the wake of a pandemic. Part three...more

Hudson Cook, LLP

AFSA Extra Credit Podcast: Auto Remote Sales Compliance

Hudson Cook, LLP on

The Federal Trade Commission's Cooling-Off Rule has been around since 1972 (it became effective in 1974), but generally has been a non-issue for dealers until the Coronavirus pandemic when dealers were forced to conduct...more

Farella Braun + Martel LLP

[Webinar] Crushing Impact of Coronavirus on Wine Businesses and Lenders - June 3rd, 10:00 am - 11:00 am PT

The COVID-19 pandemic will impact different wine businesses in a variety of ways and at some point, many will be unable to service their debts to lenders while meeting payroll and other obligations. Although grapes will...more

Pillsbury Winthrop Shaw Pittman LLP

Distressed Real Estate During the Pandemic: The Importance of Pre-Negotiation Agreements for Borrowers and

The coronavirus pandemic is resulting in a wave of forbearances and workouts. A frequent first step is the pre-negotiation agreement. A good PNA should be quickly negotiated but carefully considered, getting both parties to...more

Williams Mullen

[Webinar] Real Estate Trends and Issues in Solar Leasing and Property Purchase - January 29th, 11:00 am ET

Williams Mullen on

Developing a successful solar project begins with selecting the right project site and identifying real estate issues and risks during diligence. Having well drafted real estate contracts and conducting detailed real estate...more

White & Case LLP

Sanctioned default? The English High Court considers the effect of foreign illegality on English obligations

White & Case LLP on

As sanctions ramp up globally, it is increasingly important for commercial parties engaged in cross border transactions to have certainty (i) as promisees (e.g. lenders) as to when their counterparties may legitimately avoid...more

White & Case LLP

Four steps to managing risks in desalination projects

White & Case LLP on

As global water shortages worsen, desalination projects are likely to proliferate. Sponsors that can manage project risk will capture significant value while helping the world meet its water needs. Increasing pressure to...more

Dechert LLP

A Survival Guide for Winning Default Rate Interest in Courtroom Battles

Dechert LLP on

Last year, a California Bankruptcy Court wiped out $10.2 million in default interest (“DRI”) when it ruled that a 5% DRI was an unenforceable penalty in a Chapter 11 bankruptcy case where the construction lender fully...more

White & Case LLP

The EU loan syndication impact assessment is out: more competition scrutiny ahead?

White & Case LLP on

Setting the scene The long anticipated European Commission (DG COMP) report on "EU loan syndication and its impact on competition in credit markets" (see here) has finally been published. The study primarily focuses on the...more

Bracewell LLP

Implied Terms: Fairness in hindsight is insufficient

Bracewell LLP on

The Court of Appeal’s judgment in Bou-Simon v BGC Brokers LLP [2018] EWCA Civ 1525 reaffirms the law on implied terms. The Court also offered some interesting non-binding views on the circumstances in which words deleted from...more

Proskauer Rose LLP

Proskauer Represents Private Credit Funds on New LMA Unitranche Intercreditor Agreement

Proskauer Rose LLP on

A new precedent unitranche intercreditor agreement was published by the LMA on 17 May 2018 for use on unitranche transactions where a private credit fund is providing a facility alongside a super senior RCF. Whilst it does...more

Dechert LLP

Global Private Equity Newsletter - Winter/Spring 2018 Edition: Recent Developments in Acquisition Finance - Did you just commit to...

Dechert LLP on

The question of when parties to a potential transaction actually become bound to each other is obviously an important one, and sometimes the answer can be surprising, or less than entirely clear. A recent Texas Court of...more

Pillsbury Winthrop Shaw Pittman LLP

Dealing on Written Standard Terms of Business—Guidance from the English Court of Appeal

The English Court of Appeal considers whether the use of model form agreements could constitute dealing “on written standard terms of business” The decision will give comfort to lenders who use precedents or model form...more

Brooks Pierce

NC Business Court Says That Bank Didn't Owe A Fiduciary Duty To Its Customer, But Recognizes New Cause Of Action: Breach Of A Duty...

Brooks Pierce on

Were you thinking that the Business Court might, one day, find that a bank owed a fiduciary duty to its customer? That seemed like it might happen eventually, as the NC Supreme Court seemed to hold out that possibility last...more

Katten Muchin Rosenman LLP

New York Appellate Division Decision Provides Comfort for Secured Lenders Negotiating With Their Defaulting Borrowers

On October 28, the New York Supreme Court, Appellate Division – First Department affirmed the dismissal of claims brought by a defaulting borrower against its lender, Siemens First Capital Commercial Finance LLC*, in Whitecap...more

PilieroMazza PLLC

Strategic Tips for Approaching Lenders and How to Choose the Right One

PilieroMazza PLLC on

For those small businesses that are looking to obtain debt financing or to refinance existing debt, there are some strategic planning tips to consider in approaching and selecting a potential lender. ...more

25 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide