Commercial Loan Assessments

As many businesses are analyzing and adjusting strategy, operations & budgets amidst the COVID-19 virus, rapidly-changing regulations and new government relief packages, now is a good time to assess new and existing financing arrangements to keep businesses up and running.

Make these 5 Assessments of your commercial loan:

1. Make note of key provisions that may be affected by the outbreak and shut down such as: representations/warranties, covenants, termination rights, conditions, force majeure clauses or “change in law” clauses.

2. Identify notice requirements that have been or may soon be triggered.

3. Consider alternative means or proactive steps that can be taken anticipating the potential future effects of the outbreak.

4. Address the potential consequences of a breach and/or default;

5. Understand local regulatory actions and restrictions, including reviewing existing regulations (e.g., on health and safety). Determine whether they require the company to take steps or make decisions that may affect contractual commitments.

Our Banking & Finance group, comprised of highly skilled attorneys with sophisticated knowledge and practical experience, has achieved a number of accolades and various regional and national rankings that have made SederLaw into the “go-to” law firm that is today for numerous banks, credit unions and trust companies; private equity funds, hedge funds and mezzanine financiers; conduit lenders; institutional and individual investors; mortgage companies; factoring companies, and trade credit, equipment and lease finance companies; and a wide array of other corporate borrowers and financiers.

Mr. Kinnard, recognized by U.S. News & World Report as one of The Best Lawyers in America® in Banking & Finance law and Business Organizations law, practices in the Banking and Finance, and Business Law, groups. He serves as counsel to a number of financial institutions, including regional and national banks and credit unions, and private, mezzanine and other corporate financiers, in connection with both internal corporate and transactional-based matters. Mr. Kinnard also represents commercial borrowers in connection with commercial real estate and asset-based loan transactions, including construction loans, accounts receivable financings, specialized healthcare receivable financings, and inventory and equipment-based credit facilities. In addition to his experience with secured and unsecured trade creditor representation in bankruptcy proceedings, Devon is often engaged in complex work-out and financial restructuring matters, and routinely assists lenders with bringing troubled credit relationships back to performing status.

Devon Kinnard
Partner (former)