Lenders' attorneys expend a great deal of effort developing loan documents that meet the requirements of their lenders, but numerous provisions can still be negotiated by the borrower's counsel to maximize their client's financing options. Order today to find out which ones to negotiate and how to do it effectively.

1. Important Provisions to Include in Real Estate-Related Loan Documentation
2. Loan Workouts
3. Borrower vs. Lender: Negotiating the Workout Agreement
4. Bankruptcy Implications
5. Case Law Update
6. Ethics in Lending

IMPORTANT PROVISIONS TO INCLUDE IN REAL ESTATE-RELATED LOAN DOCUMENTATION
9:00 - 9:30, Donald D. Allen

• In the Loan Agreement and/or Note
• In the Mortgage or Deed of Trust
• In the Assignment of Rents and Leases
• In the Guaranty
• In the Modification Documentation

LOAN WORKOUTS
9:30 - 10:30, Douglas M. Tisdale

• Forbearance Agreements – Structure and Important Provisions
• Deeds in Lieu of Foreclosure – Non-Merger Provisions
• Remedies
• Lender Liability Issues
• Rent Attachment – Cash Management Agreements
• Receivership
• Pursuit of Guarantors
• Deficiency Judgment Issues

BORROWER VS. LENDER: NEGOTIATING THE WORKOUT AGREEMENT
10:45 - 12:15, Douglas M. Tisdale

Round 2! Borrower's counsel and lender's counsel discuss strategies and options available before, during and after default, and negotiate workout terms to obtain the most favorable option for both parties.

BANKRUPTCY IMPLICATIONS
1:15 - 2:45, Donald D. Allen

• Automatic Stay
• Letters of Credit
• Preferences When a Workout or Modification Occurs Within the Bankruptcy Preference Period
• Treatment of Secured Claims
• Sale of Assets
• Proof of Claims and Plan Objections

CASE LAW UPDATE
3:00 - 3:30, Charles D. Calvin

• Borrower Class Actions (Inadequate Disclosure and Discriminatory Lending Practices)
• Securities Cases (Inaccurate Disclosure and Material Misrepresentations)
• Commercial Contract Disputes (Early Default Repurchase and Violation of Representations and Warranties)

ETHICS IN LENDING
3:30 - 4:30, Charles D. Calvin

• Disclosure to the Borrower
• Conflicts of Interest
• Solicitation of Professional Employment
• Subprime and Predatory Lending

DONALD D. ALLEN is of counsel with the law firm of Markus Williams Young & Zimmermann LLC. Mr. Allen has more than 20 years of experience advising borrowers and commercial lenders regarding sale and financing of real property, with an emphasis on distressed property situations. He is a business bankruptcy specialist certified by the American Board of Certification. Mr. Allen has presented numerous continuing professional education seminars dealing with real estate and title issues, and served as an instructor of business law at the University of Phoenix for five years. He earned his B.A. degree from the University of Colorado at Boulder and his J.D. degree from the University of Santa Clara, where he was an editor of the Santa Clara Law Review and received the Trial Attorney's Outstanding Oral Advocate Award. Mr. Allen is a member of the American Bankruptcy Institute and the Turnaround Management Association.

CHARLES D. CALVIN is of counsel with the Denver law firm of Faegre & Benson LLP. His practice emphasizes commercial real estate finance, resort development and condominium development. Mr. Calvin received his B.A. degree, cum laude, from Pomona College and his J.D. degree from Yale Law School. He has lectured to various professional groups on real estate topics. Mr. Calvin is a member of the Colorado (member, Real Estate Section, Business Law Section), Denver (member, Real Estate Section, Business Law Section) and American bar associations. He also served as a past director of the Colorado Central Information System.

DOUGLAS M. TISDALE is a member of Tisdale & Associates LLC, in Denver. He practices in the areas of commercial transactions/litigation, banking litigation, international law, real estate, and reorganizations and restructurings. He is the former Mayor Pro Tem and council member in Cherry Hills Village, Colorado. He has nationally recognized experience in the fields of bankruptcy, commercial default/enforcement and real estate litigation, and also has helped clients in the successful resolution of all levels of commercial disputes. Mr. Tisdale is also a frequent speaker on real estate and land use matters for various business and professional groups. He earned his B.A. and J.D. degrees from the University of Michigan. Mr. Tisdale is a member of the Denver and Colorado bar associations.

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