The session by Ren Hayhurst provides a detailed and nuanced comparison of different guaranties used in the market in connection with construction, term and bridge loan transactions. Review of the elements of payment vs. construction guaranties, and partial or limited liability guaranties, such as “bad boy carve-out” guaranties, LTV maintenance guaranties, debt service and carry guaranties, and sliding guaranties will springing recourse or burndown provisions. Attendees will learn the basic elements of each type of guaranty and how multiple recourse aspects can be worked into various guaranties to provide the underwriting support for a transaction. Finally, there will be a discussion of these issues from both the lender and the borrower/sponsor points of view.
Ren will use PowerPoint presentation, handouts, checklists, cheat sheets, and practical examples for knowledge enrichment.
Payment guaranties (partial v. full)
Bad boy carveouts
Who should attend:
Primarily business people, including lenders, investors, and developers.
Ren Hayhurst’s practice focuses on all aspects of structured finance transactions, including real estate and commercial loan documentation, real estate loan workouts and foreclosure, receivership and loan/guaranty enforcement litigation. Mr. Hayhurst has created widely used forms for stand...
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