About the Course
Introduction
This CLE webinar will provide an introduction for new attorneys representing both borrowers and lenders on structuring default provisions, representations and warranties, affirmative and negative covenants, and other key provisions in commercial real estate loan documents. The panel will also highlight the most recent trends and best practices.
Description
Strategically crafted loan documents give flexibility to the borrower and adequate protections and remedies for the lender. Carefully structured loan provisions can minimize disputes between the parties and reduce the risk of suit.
Default clauses must be carefully constructed to distinguish between a default and an event of default. Grace periods and notice and ability to cure defaults are particularly crucial to borrowers.
Affirmative and negative covenants are often among the most hotly negotiated provisions in a loan transaction. Financial covenants in real estate investment finance deals are more tightly monitored and defined in the current market.
Although property representations and warranties will vary among transactions, there are standard representations found in most loan agreements. There are also limitations (such as best knowledge) that borrowers seek to negotiate regarding the scope of representations and warranties.
Listen as our authoritative panel offers practical approaches for new attorneys representing both borrowers and lenders when negotiating, structuring, and drafting loan covenants, event-of-default provisions, representations and warranties, and other loan provisions.
Presented By
Mr. Fritz concentrates his practice on commercial real estate capital market transactions and general corporate counseling. He regularly advises national and multinational clients in the commercial real estate industry. Mr. Fritz has over 17 years of experience in handling complex and high-value transactions, such as acquisitions, dispositions, financings, and joint ventures. A large part of his practice is dedicated to representing developers, sponsors, investors, and other capital market participants. Mr. Fritz regularly handles the acquisition, development, and disposition of commercial real estate assets, mortgage and mezzanine financings, preferred equity investments, and the structuring of joint ventures. In his joint venture practice, he focuses on helping his commercial real estate clients structure joint ventures for both single asset and programmatic real estate investment strategies
Mr. Kupstis concentrates his practice on commercial real estate and capital markets transactions. He represents developers, sponsors, investors, financial institutions, and insurance companies on the acquisition, development, and disposition of commercial real estate assets, mortgage and mezzanine financings, preferred equity investments, and the structuring of joint ventures. Mr. Kupstis regularly advises sponsors and investors in connection with financing for multifamily and student housing projects through Fannie Mae and Freddie Mac.
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This 60-minute webinar is eligible in most states for 1.0 CLE credits.
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Date + Time
- event
Tuesday, March 3, 2026
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Loan covenants
A. Affirmative
B. Negative
C. Financial
D. Other covenants
II. Default provisions
A. Cross-default
B. Insolvency-related events
C. Due on sale; change of control
D. Material adverse change
III. Reps and warranties
A. Regarding the borrower
B. Regarding the property
C. Other
IV. Practitioner pointers and key takeaways
The panel will review these and other key issues:
- What are borrowers' and lenders' best tactics for proactively mitigating risk when negotiating and drafting financial covenants?
- What financial covenants are lenders particularly insistent upon?
- How can borrowers and lenders minimize risk when drafting or relying on default provisions?
- What are the standard property representations found in most facility agreements, and what limitations do borrowers typically seek with respect to these representations?
Related Courses
Structuring Real Estate Financing With Foreign Borrowers, Trusts, and Tenants in Common
Tuesday, March 3, 2026
1:00 p.m. ET./10:00 a.m. PT
Exploring Distinctions Between Joint Ventures, Preferred Equity Investments, and Mezzanine Financing
Tuesday, March 10, 2026
1:00 p.m. ET./10:00 a.m. PT
