News & Analysis as of

Borrowers Commercial Loans

Alston & Bird

States Impose Commercial Financing Disclosure Requirements

Alston & Bird on

What Happened: In a little-noticed development, eight states have enacted legislation that requires specific disclosures for commercial non-real estate secured financing transactions....more

Porter Hedges LLP

Real Estate Planning Tips: What is Cancellation of Indebtedness ("COD") Income?

Porter Hedges LLP on

The commercial real estate market is in the process of adjusting to lower property valuations. Much recent focus has been on office buildings, and the fallout from enduring reductions in occupancy associated with remote and...more

Balch & Bingham LLP

Alabama Enacts Uniform Commercial Receivership Act

Balch & Bingham LLP on

On May 15, 2024, Alabama became the thirteenth state to adopt a version of the Uniform Law Commission’s Uniform Commercial Real Estate Receiver Act (the “Act”). The Act seeks to bring more direction and clarity to...more

J.S. Held

Lending Climate in America – 1st Quarter 2024 Survey

J.S. Held on

With inflation continuing to impact the US economy, lenders are focused on the economic impact of the presidential election in November. Lenders’ expectations for the US economy’s performance in the longer term – beyond the...more

J.S. Held

Lending Climate in America – 4th Quarter 2023 Survey

J.S. Held on

Interest rates and inflation have been the big drivers of the US economy as of late, but lenders are increasingly optimistic for 2024, despite some challenges. Lenders foresee interest rate declines beginning in 2024 – with...more

Sheppard Mullin Richter & Hampton LLP

OCC Issues Bulletin on Risks Related to Venture Lending

On November 1, the OCC issued Bulletin 2023-34 addressing the topic of “venture lending,” referred to as “commercial loans to early-, expansion-, and late-stage companies.” According to the Bulletin, venture lending is often...more

Goodwin

Second Circuit Rules that Syndicated Loans Are Not “Securities” Under State and Federal Law

Goodwin on

On August 24, 2023, the U.S. Court of Appeals for the Second Circuit in Kirschner unanimously  held that notes evidencing syndicated loans do not plausibly qualify as “securities” covered by state and federal securities laws...more

Lippes Mathias LLP

The Landscape of Commercial Lending Conditions and What May Come

Lippes Mathias LLP on

In recent years, U.S. banks have been tightening lending conditions. This trend is expected to continue for commercial loans because of various factors, including the ongoing effects of the COVID-19 pandemic, changes in...more

Goulston & Storrs PC

What’s on the Horizon for Commercial Real Estate Loans?

Goulston & Storrs PC on

Like many of you, we are seeing a significant increase in commercial real estate (“CRE”) loan workouts. The magnitude of the swell in distressed CRE loans remains unclear, although one thing is certain: appreciating the...more

Miles Mediation & Arbitration

Commercial Lending: Practical Considerations and Loan Enforcement, Foreclosure, and Asset Recovery

Commercial lending serves as the lifeblood of businesses and real estate ventures, providing the necessary financial resources for growth and expansion. However, navigating the landscape of commercial lending requires a deep...more

Hudson Cook, LLP

California Senator Introduces Bill to Make Commercial Brokers Fiduciaries of Borrowers

Hudson Cook, LLP on

Last month, California Senator Steve Glazer introduced a bill that could fundamentally change commercial finance brokering in the state. Senate bill 869 would expand the licensing requirement for brokers of commercial loans...more

McGuireWoods LLP

California Leads the Way on Commercial Lending Disclosures

McGuireWoods LLP on

In December 2022, California’s new commercial lending disclosure law and complimentary regulations went into effect, leading the way for other states to follow. The new California law imposes disclosure requirements in...more

Downs Rachlin Martin PLLC

Lenders Must Follow Their Own Security Agreements Covering Non-Borrower Collateral or Lose the Collateral

The Vermont Supreme Court has traditionally had very little sympathy for banks and financial institutions who do not follow their own lending agreements to the letter, and then ask for court relief when they end up in...more

King & Spalding

Bankruptcy Court Finds Lender Tortiously Interfered With Debtor’s Access to DIP Financing

King & Spalding on

On September 2, 2022, the U.S. Bankruptcy Court for the Southern District of West Virginia found that a lender’s actions to prevent one of its borrowers from extending DIP financing to another borrower (the debtor)...more

Cadwalader, Wickersham & Taft LLP

No Celebrations March 2022 - Understanding Future Advance Conditions

While some commercial real estate loans are fully funded at loan closing, others are funded in whole or in part through future advances. Some loans provide for future advances to fund tenant improvement work and leasing...more

Williams Mullen

Mezzanine Lending Video Series (Episode 2)

Williams Mullen on

In the second episode of Williams Mullen’s five-part video series on mezzanine lending, corporate attorneys Bob Dewar and Randal Greene discuss why mezzanine loans are attractive to borrowers....more

Williams Mullen

Mezzanine Lending Video Series (Episode 1)

Williams Mullen on

In this inaugural episode of Williams Mullen’s five-part video series on mezzanine lending, corporate attorneys Bob Dewar and Randal Greene give a general overview of mezzanine lending, including a brief introduction of the...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

Williams Mullen

Williams Mullen's Comeback Plan: Part IV - How Banks Think About Loan Defaults: Lessons for Borrowers in Troubled Times

Williams Mullen on

In the final installment of our video series aimed at helping borrowers in uncertain times, Matt Cheek, chair of Williams Mullen’s Financial Services Industry Group, and Mike Mueller, chair of our Restructuring, Bankruptcy...more

Butler Snow LLP

FFIEC Issues New Guidance on Loan Accommodations Related to COVID-19

Butler Snow LLP on

At the onset of the pandemic, many financial institutions offered credit accommodations, such as short-term deferrals and other loan modifications, to borrowers in response to the significant adverse impact caused by...more

Morrison & Foerster LLP

New York Passes Bill To Increase Transparency In Lending

On July 23, 2020, in an effort to increase transparency in commercial financings so borrowers may make more informed decisions, the New York State legislature passed a bill, S5470B, which currently awaits the Governor’s...more

Williams Mullen

Williams Mullen's COVID-19 Comeback Plan: Part I - How Banks Think About Loan Defaults: Lessons for Borrowers in Troubled Times

Williams Mullen on

In this first installment of our video series aimed at helping borrowers in uncertain times, Matt Cheek, chair of Williams Mullen’s Financial Services Industry Group, and Mike Mueller, chair of our Restructuring, Bankruptcy...more

Perkins Coie

Oregon COVID-19-Related Borrower Protections Signed Into Law

Perkins Coie on

Oregon Governor Kate Brown signed House Bill 4204 (HB 4204) into law on June 20, 2020. The new statute affects lenders of both commercial and residential loans secured by Oregon real estate. It requires lenders to defer loan...more

Lowenstein Sandler LLP

Your Lenders Are watching You

Lowenstein Sandler LLP on

Many borrowers already have drawn down much or all of their available credit line in order to have the liquidity to ride out the COVID19 pandemic. Other borrowers are contemplating doing the same. It may be too late....more

Lowndes

Loan Modifications in the Wake of COVID-19

Lowndes on

Given the economic impact of COVID-19, both monetary and non-monetary defaults on commercial loans are likely in the next few weeks and months, if not a reality already. Both lenders and borrowers should consider initiating...more

41 Results
 / 
View per page
Page: of 2

"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