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About the Teleseminar
The process of obtaining, negotiating and documenting commercial real estate loans has become much more time-consuming and complex as lenders of all types are now more stringent in the loans they are willing to make. Banks and other types of lenders are spending more time in due diligence with the borrower, demanding more stringent guarantees, giving fewer concessions in reps and warranties, and charging greater fees. The demands on attorneys reviewing these documents for clients have never been greater. This program will provide you with a real world guide to commercial real estate loan documents, including reviewing and drafting key provisions of the loan, loan proposals and commitment letters, due diligence, inter-lender considerations, closing and post-closing conditions.
Day 2 – February 27, 2013:
- Role of guarantees – recourse v. non-recourse, carry v. full-guaranty, term and release
- Representations and warranties – most highly negotiated provisions
- Security interests and rights of senior and junior creditors
- Co-lender/participation agreements
- Inter-creditor considerations
- Planning considerations for the event of default or bankruptcy
About the Speakers
Michael D. Hamilton is a partner in the Los Angeles office of DLA Piper, LLP, where he has an extensive business transactions practice with a focus on real estate and finance. He is a Fellow of the American College of Real Estate Lawyers and has served as an Adjunct Professor of Law at the University of Southern California School of Law and Pepperdine University School of Law. In 2008, The Daily Journal named him one of Los Angeles' Top 20 Under 40 Lawyers, and Institutional Investors’ News named him one of its 20 Rising Stars of Real Estate in the nation. Mr. Hamilton received a B.A. and M.A. from Hamilton College, a M.A. from Rice University, and his J.D. from the University of Oregon School of Law.
Richard R. Goldberg is a retired partner, resident in the Philadelphia office of Ballard Spahr, LLP, where he established an extensive real estate practice, including development, financing, leasing, and acquisition. Earlier in his career, he served as vice president and associate general counsel of The Rouse Company for 23 years. He is past president of the American College of Real Estate Lawyers, past chair of the Anglo-American Real Property Institute, and past chair of the International Council of Shopping Centers Law Conference. Mr. Goldberg is currently a Fellow of the American College of Mortgage Attorneys and is a member of the American Law Institute. Mr. Goldberg received his B.A. from Pennsylvania State University and his LL.B. from the University of Maryland School of Law.
Mandatory MCLE Credit Hours
This seminar qualifies for 1.0 MCLE Credit Hour -Tentative