Description
As commercial real estate markets adjust to changing economic conditions, mezzanine loans are coming under increasing stress. Borrowers, mezzanine lenders, and senior lenders alike face heightened complexity in workout negotiations, enforcement strategies, and collateral protection strategies. While similar to mortgage foreclosure proceedings in some respects, realizing on Uniform Commercial Code (“UCC”) collateral presents a unique set of rules and challenges to be navigated once a loan in is default. Further, recent title insurance developments have added new wrinkles to preparing for and executing on a disposition of UCC collateral.
Attend this webcast for a timely exploration of mezzanine loan workouts and enforcement, with special attention to the role of underwriting and how coverage issues can influence restructuring outcomes.
During this concise but comprehensive discussion, you’ll get the practical guidance you need to navigate the unique risks, rights, and remedies in mezzanine debt scenarios. Attendees will also gain insights into the following key topics:
- Structuring Mezzanine Workouts: Review of UCC collateral structures, strategic use of pre-negotiation letters in defaults, common workout structures, forbearance agreements, and loan modifications in connection with mezzanine financing.
- UCC Foreclosure Mechanics and Strategic Considerations: Legal requirements, process timelines, and practical risk mitigation strategies in executing a mezzanine lender’s UCC Article 9 disposition.
- Intercreditor Agreement Dynamics: Key provisions that impact workout flexibility and enforcement rights between senior and mezzanine lenders.
- Litigation and Enforcement Risks: Recent trends, borrower defenses, and lender liability concerns arising in mezzanine enforcement scenarios.
- Insurance Underwriting Issues in Workouts: Dialogue on how insurers assess risk during distressed situations, and the coverage requirements that may affect restructurings or foreclosures.
This program is designed for commercial real estate attorneys and finance counsel; workout and restructuring professionals; in-house counsel at investment funds, REITs, and lending institutions; commercial insurance attorneys and risk managers; and title and insurance underwriters involved in commercial transactions.