by danr | Dec 5, 2018 | Banking, Corporate and Business Law, Debt Financing, Lending, Loan Transactions
By: Serge Filatov, Esq. Standby letters of credit are irrevocable agreements for the payment of money. They function like guarantees of obligations and are usually provided by a bank for the benefit of a beneficiary. Standby letters of credit are governed by...
by danr | Aug 28, 2018 | Banking, Debt Financing
By: Jack Easterbrook, Esq. Loan documents used by institutional lenders always have a description of collateral in a secured loan transaction. But what happens when a lender tries to use an “old” security agreement, initially agreed upon and signed in connection with...
by danr | Jan 19, 2017 | Debt Financing
By: Serge Filatov, Esq. A mistake that I often see inexperienced lenders make when making secured loans is that they do not take all the steps necessary to become a secured creditor. There are numerous traps for the unwary and people should be careful when documenting...
by danr | Jan 11, 2017 | Debt Financing
By: Jack Easterbrook, Esq. The enforceability of the guaranty of a commercial real estate loan is a question presented to the courts with regularity. A new case, LSREF2 Clover ** testing whether a lender can enforce its guaranty, was decided by a California Court of...
by danr | Sep 14, 2016 | Debt Financing
By: Jack Easterbrook The lender gets loan documents signed by the borrower and takes collateral from the borrower to secure the debt. It sounds easy and familiar. So what could go wrong? The progression of cases interpreting the Uniform Commercial Code (UCC) provides...
by danr | Aug 19, 2016 | Debt Financing, Loan Transactions
The lender gets loan documents signed by the borrower and gets collateral to secure the debt – that is, a lien on the borrower’s property. It sounds easy and familiar. So what can go wrong here? The progression of cases interpreting the Uniform Commercial Code...