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Course/Product Description

Restructuring The Commercial Loan

Date / Time: 9/26/2018 / 1:00pm EST - 2:30pm EST
Format: Webinar
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A commercial loan restructuring requires a working knowledge of a number of commercial law aspects, e.g., bankruptcy, transactional and litigation issues.

This webinar will help provide you with an understanding of these issues from inception through the end of the commercial loan restructuring process. Our panel of experienced counsel provides seasoned advice so that you will be able to understand various issues and approaches to loan workouts; learn the significance of key loan provisions to both borrower and lender, and market trends; and obtain negotiating pointers to benefit your client.

Review strategies related to all stages of loan default and explore the effect of bankruptcy preference and fraudulent transfer law on workouts or modifications. Hear current concerns from peers through questions to and answers from our experienced faculty.


Pre-Deal Planning

  • Identifying Lender and Borrower Issues
  • Collateral Coverage and Perfection
  • Intercreditor and Subordination Agreements
  • Recourse vs. Nonrecourse Issues
  • Securitization Challenges
The Restructuring Phase
  • Analysis of Current Position
  • Loan Document Review Issues
  • Analysis of Borrower's Financial Condition Business Ops and Collateral
  • Consideration of Rights and Remedies of Other Interested Parties
  • Identification of Pros and Cons to Various Other Remedies
Consensual Resolution: Negotiating the Turnaround – Implementing the Exit Strategy
  • Forbearance Agreements
  • Reservation of Rights, Prenegotiation Letters and Default Notices
  • Resolving Preferences
  • Waivers and Loan Agreement Modifications
  • Consensual Restructurings
Alternatives to Consensual Workouts
  • Loan Sales, Secured Party Sales, Retention of Collateral
  • Assignments for the Benefit of Creditors
  • Receiverships
  • Bankruptcy Issues
  • Debtor in Possession Financing and Exit Financing Issues
  • Cash Collateral Issues
  • Preferences, Fraudulent Transfer and Recharacterization Issues
  • Relief From Stay Issues
  • Takeaway
About The Presenter

Victor G. Milione
  • Partner and Practice Group Leader for Nixon Peabody LLP’s Global Financial Restructuring and Bankruptcy Group
  • Practice emphasizes all aspects of financial restructuring and bankruptcy
  • More than 30 years of experience representing various clients including financial institutions, securitization trustees and special servicers in the workout, restructuring and adversarial proceedings involving billions of dollars in commercial loans
  • Ranked as one of the top 25 bankruptcy lawyers in the country by The Deal
  • Recognized as a Massachusetts Super Lawyer in bankruptcy based on a peer-review survey by Boston magazine
  • Frequently writes about and speaks on bankruptcy and commercial law subjects around the country
  • Frequently quoted as an authority on bankruptcy and litigation issues in print media nationwide
  • Taught courses on business and bankruptcy law for area colleges, and has been a guest lecturer on distressed real estate finance at Boston College
  • J.D. degree, Suffolk University Law School; B.A. degree, University of Connecticut
Daniel W. Sklar
  • Partner in the Manchester, New Hampshire, office of Nixon Peabody LLP
  • Focuses on all aspects of financial restructuring and bankruptcy with extensive experience in the area of corporate law and commercial transactions
  • Represented debtors, trustees, secured creditors, committees, stockholders, lessors and senior executives in large Chapter 11 cases around the country for more than 30 years and has been involved in a number of international insolvencies
  • Listed in Best Lawyers in America since 1989, recognized for exceptional standing in the legal community in Chambers USA: America’s Leading Lawyers for Business for bankruptcy work and recognized in Chambers USA in previous years, and as a New England Super Lawyer in bankruptcy and creditor/debtor rights based on a peer-review survey by Boston magazine, 2007
  • Adjunct professor of law at UNH School of Law, teaching a course on bankruptcy and reorganization
  • LL.M. degree, Boston University Law School; J.D. degree, cum laude, Boston College Law School; B.A. degree, University of Pennsylvania

Cannot Attend The Live Presentation?

This presentation is also available in a recorded format, in On-Demand Or CD versions, as shown in the pricing options below.

About Webcasts / Audio Conferences / Podcasts:

Webcasts, audio conferences, and podcasts are presentations that you attend via the Internet, phone, or mobile device at a specified date and time for "live" versions, or at your convenience for "recorded" and "On-Demand" versions.

The live versions are interactive, meaning that participants can ask questions in real time, plus are a very cost-effective form of training because 1) you receive fast, convenient learning without any out-of-office time; 2) you can invite as many colleagues as you'd like to listen in on a single phone line; 3) you incur no travel expenses; and 4) you and your colleagues are back at work immediately after the session ends!

And though with recorded versions you do lose the ability to ask questions, you gain the ability to hear the presentation numerous times and to share it with others in your office.

Handout materials and the phone number for live presentations are made available to you prior to the event via email from the presenter and from the "MyAccount" link on the menu bar. Copies of the presentations are included with recorded versions.

About The Provider: Lorman Education Services has provided educational seminars and online training for professionals since 1987.

Since then, we've kept thousands of professionals in the United States and internationally current on the most pressing topics in a rapidly changing marketplace of ideas. Like you, we understand the need for concise, accurate information.

That understanding underlies each Lorman course, presenting the latest information on the laws and regulations critical to your organization's successful daily operations.

Moreover, each course receives our painstaking attention to be certain both the faculty and participants receive the individual attention necessary to achieve maximum benefit from the materials.
More Info: Contact Us For More Information
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Understanding Commercial Loan Documents
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