Previous Events & CLE Programs
February 27, 2008
Committee Meeting
The Role of a Chief Restructuring Officer
Please join Doug Gooding and John Ventola of Choate Hall & Stewart as they present a full range of issues regarding the role of the Chief Restructuring Officer, including a panel discussion of the issues to be considered in retaining a CRO and the pre and post bankruptcy impact on a workout. We will be joined by Stephen Gray, Managing Partner of CRG Partners, who has extensive CRO experience.
January 28, 2008
Committee Meeting
Anti-Assignment Override Provision of Article 9 of the UCC
Ed Smith, partner, Bingham McCutchen LLP, will discuss the anti-assignment override provisions of Article 9 of the UCC, including the current work that the Uniform Commercial Code Permanent Editorial Board has undertaken to potentially revise and/or clarify the official comments to these complex, important and oftentimes misunderstood provisions of Article 9.
December 4, 2007
Committee Meeting
Debt Recharacterization
Jim Wilton of Ropes & Gray LLP will speak on the topic of debt recharacterization, a matter of great interest to lenders and borrowers alike. Jim has substantial practical experience in the area and has written and spoken extensively on the topic. Lunch will be provided.
September 24, 2007
CLE Program
Cross-Border Secured Transactions: What happens when everything that can go wrong, goes wrong?
Sponsors
Commercial Finance Committee
Structuring, negotiating and documenting crossborder financing transactions that minimize these risks presents an array of important legal issues. After this seminar, you will know how to address the legal issues involved in structuring, negotiating and documenting cross-border financing transactions. You will also understand how these risks can be mitigated through the use of tested loan structures and loan document provisions and the development of close relationships with local international counsel.
Click here for complete program description
May 9, 2007
Committee Meeting
Don't Mess Around with the Collateral: A Cautionary Tale
Sponsors
Commercial Finance Committee
Corporate Law Committee
Real Estate Section
Bruce Falby, a partner at DLA Piper US LLP will present on a recent case decided by Judge Young, Blue Hills Office Park LLC v. JP Morgan Bank as Trustee, et al. This is the first reported decision in the nation enforcing so-called "bad boy" carve-outs in a nonrecourse securitized loan. The borrower's undisclosed and unconsented-to transfer of the $2 million settlement proceeds of a zoning appeal led to a $17.5 million full recourse judgment against the borrower and its individual guarantors, not merely restitution of the $2 million. For this, and other reasons that Bruce will discuss, the case provides a cautionary tale for borrowers and their counsel tempted to take aggressive positions with collateral assuming that if challenged they will be able to negotiate a work out and escape the day of judgment.
March 29, 2007
Committee Meeting
An Introduction to Microfinance
Sponsors
Banking & Financial Services Committee
Commercial Finance Committee
Corporate Counsel Committee
Morin Center for Banking & Financial Law
Virginia Valdez, General Counsel of ACCION International, will give an introduction to the topic of microfinance – its origin, structure and application. A typical microfinance transaction will be discussed to highlight its difference from an ordinary commercial or consumer loan. The lecture will also discuss the experience of ACCION International, a microfinance institution with lending activities both locally and internationally.
March 22, 2007
Committee Meeting
An Introduction to Islamic Finance
Sponsors
Banking & Financial Services Committee
Commercial Finance Committee
Corporate Counsel Committee
Investment Companies & Advisers Committee
Morin Center for Banking & Financial Law
Babback Sabahi, Associate at Mayer Brown LLP will discuss the principles of Islamic Finance, which is based on teachings contained in the Koran. The lecture will examine simple and complex financial transactions and how they can be structured along Islamic financial principles.
March 14, 2007
Committee Meeting
Second Lien Financing: The Use and Enforceability of Intercreditor Agreements
Mark Berman of Nixon Peabody LLP will discuss the nature of second lien financing and the key provisions of the intercreditor agreement. He will also analyze the limited amount of relevant case law on the enforceability of these provisions in the context of a bankruptcy proceeding.
January 16, 2007
Committee Meeting
Mary Ellen Rogers of Goulston & Storrs - A Professional Corporation and Donald Rothman of Riemer & Braunstein LLP will discuss recent developments in retail finance. Specific topics include:
- the impact of BAPCPA, mezzanine and second lien financing and related intercreditor issues
- shift in specialty retail from owner-proprietor management to equity-sponsored deals
- the impact of securitization of larger facilities on deal structures
November 13 , 2006
Committee Meeting
The ABA’s Model Form of Deposit Account Control Agreement
**This meeting is co-sponsored with the Banking & Financial Services Committee and Corporate Law Committee**
Edwin E. Smith, a partner at Bingham McCutchen LLP, will discuss the Model Form of Deposit Account Control Agreements and the related report promulgated earlier this year by the ABA Business Section Joint Task Force on Deposit Account Control Agreements. Mr. Smith is the Reporter of the Task Force, and was also actively involved in drafting Revised Article 9 of the UCC as the UCC Commissioner for Massachusetts.
March 10, 2006
Committee Meeting
Second Lien Transactions – Market Trends and Friction Points in Intercreditor Agreements
Steven M. Ellis and Stephen A. Boyko, both partners at Proskauer Rose LLP, will examine the friction points between senior and junior lenders in the highly syndicated and private placed second lien markets, as well as where they see these issues and the second lien market heading.
The second lien market is an ever evolving market made up of various sectors that can mainly be broken down into the highly syndicated and the privately placed second lien transactions. Depending on which market you are in, the intercreditor agreement between the senior and junior lenders can take on various forms and permutations. While the market terms are not set in the second lien market, the list of issues has become consistent.
December 2, 2005
Committee Event
As co-chairs of the BBA Commercial Lending Committee, we are working hard this year to better understand the professional needs and interests of our committee members such that we can plan the Committee's activities over the course of the upcoming year to be as relevant and helpful to your practice as possible.
As a first step in understanding what the members are looking for from our committee, we ask that you join us on December 2nd to learn about the Committee, meet your colleagues and provide input on the upcoming program year. Click here for the agenda.
This meeting is open to all lawyers whose practices focus on the provision of credit of any type in commercial transactions.
We look forward to seeing you this year.
|
