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7 Clauses You Need in Your Loan Agreements to Reduce Your Litigation Costs

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7 Clauses You Need in Your Loan Agreements to Reduce Your Litigation Costs

Wednesday, October 9, 2013
2:00 p.m. to 3:15 p.m. Eastern
Price: $289.00
Complimentary Coleman Report Live! News Show with Bob Coleman from 1:50 p.m. to 2:00 p.m. Eastern
Use our “email address only” order form!

JusticeLenders enter into many written agreements while originating and servicing their loan portfolio, and nearly all of them include “boilerplate” provisions designed to protect the lender in the event of a dispute.

These boilerplate provisions, although they are often included in the agreement without much thought to their contents, can greatly impact the cost of any eventual litigation or arbitration.

Join Starfield and Smith’s Jeff Feldman as he examines the disputes that can arise as a result of boilerplate provisions that are not carefully drafted.

Importantly, he will suggest alternative provisions that are designed to narrow the scope of any future litigation and reduce legal expenses.

Note SBA does not permit lenders to add any boilerplate to the SBA loan authorization. The Boilerplate is SBA’s national standard. No regional, state, or local loan authorization boilerplate language may be used in place of the Boilerplate, and the language in the Boilerplate MUST NOT be altered.

However, from this webinar, SBA lenders can add boilerplate clauses discussed in this webinar to their agreements related to loan servicing, such as forbearance agreements, loan modifications and assumption agreements.

Of course conventional lenders can take advantage of these clauses also.

You will learn:

1. How to draft attorney’s fee shifting provisions that avoid the need for expert witnesses and unnecessary battles over whether the lender was the “prevailing party” in litigation;
2. How to use consent to jurisdiction and venue clauses to avoid procedural battles while still retaining the option of bringing a claim in the federal or state courts;
3. How to draft arbitration clauses to reduce arbitrator fees and travel costs;
4. How to draft arbitration clauses that will result in awards that are enforceable in the courts;
5. How to draft arbitration clauses that ensure that the lender is protected by the applicable statutes of limitation;
6. How to gain the benefit of the longest available statutes of limitations for your claims;
7. How to draft clauses that reduce the likelihood of lender liability claims based on alleged promises and alleged amendments to your agreements;
8. How to draft clauses that allow your documents to be executed in counterparts;
9. How to draft language in guarantees that preserves the lender’s right to pursue tenancies by the entireties property; and
10. Plus!

· How to draft arbitration clauses that limit how long it will take to get an arbitration award;
· How to draft arbitration clauses that limit the availability of discovery before the hearing;
· How to draft arbitration clauses that limit the authority of the arbitrator to award punitive or consequential damages; and/or
· How to draft arbitration clauses that will prevent the other party from purposefully delaying the process by not paying arbitration fees and costs.

Who should attend:

Commercial Loan Underwriters
SBA Loan Underwriters
Small Business Lending Department Managers
Credit Risk Managers
Chief Credit Officers

This webinar is rated “EXPERT” for all attendees.
Coleman’s Webinar level of instruction guide:
ELEMENTARY — The webinar assumes the audience has no experience in the topic.
BASIC — The webinar is for small business lenders who have some experience in the topic. The webinar is designed as the Topical 101 course. This is the appropriate level of instruction for managers who oversee the function.
INTERMEDIATE — The webinar solves an unique problem for the small business lending professional. A strong working knowledge of the subject matter is recommended.
EXPERT — The webinar discusses detailed, technical and advanced topics for the well-seasoned professional. A strong working knowledge of the subject matter is a must.

Certificates of Participation
All Coleman Webinar attendees will receive a certificate of participation. This documents your continuing education history for your regulators. Also, this documents the answer for SBA’s Review question of continuing staff education.
We will automatically forward a certificate of participation for those who are registered to attend the webinar via GoToWebinar.
If you have purchased the unlimited site license and would like certificates for all who attend simply forward their names and email addresses to jeanne@colemanreport.com. She will email the certificates to all attendees.

Questions
Questions are encouraged. There are two ways to ask a question. The first is to ask the question via the chat box on the GoToWebinar dashboard. The second way is to send an email to joseph@colemanreport.com.
Also, feel free to ask pre-webinar questions.

Join Coleman’s Expert SBA Instructor:

Jeffrey S. Feldman
Senior Counsel
Starfield & Smith P.C.
Jeff concentrates his practice on the litigation, arbitration and trial of commercial disputes in the state and federal courts. Over the course of his more than 15 years of litigation experience, he has represented organizational and individual clients in lawsuits involving a broad range of substantive areas, including: contract law, the Uniform Commercial Code, the transfer and enforcement of judgments, creditors’ rights matters, partnership law, disputes among shareholders in closely held companies, disputes among members of limited liability companies, injunction proceedings, covenants not to compete, breach of fiduciary duty claims, business tort claims, unfair competition claims, civil fraud claims, class actions, civil conspiracy and RICO claims, commercial disparagement and defamation claims, abuse of process claims and vicarious liability claims.

BobColemanNADCOModerated by:
Bob Coleman
Editor
Coleman Report
Bob Coleman is the Author of “Money Money Everywhere and Not a Drop for Main Street“. Coleman is the Editor of the Coleman Report, a trade newsletter for small business bankers. He is the nationally recognized expert on small business financing. He has appeared on Fox Business News and CNN and has been quoted by all major financial media outlets including the Wall Street Journal, New York Times and Bloomberg. He has spoken at numerous small business banking events across the United States, including international engagements in the U.K. and Germany. Bob has a B.A. in Medieval History from the University of California Santa Barbara and a M.B.A. in Real Estate Finance from the University of Southern California.

About Coleman Webinars

Coleman is the largest producer of small business banking webinars in the country, all taught by the best experts in our industry.

Not only our instructors chosen with care, they are excellent teachers of their craft.
Coleman’s Webinars provide 75 minutes of highly specialized information, access to industry experts, live Q&A, and step-by-step “how-to’s” on a variety of topics relevant to today’s small business banker.

Every month, the author of the bestselling The SBA Loan Book and Get Financing Now. Charles Greene presents a program on a topical small business lending underwriting subject.

We rotate our SBA loan liquidation and servicing webinars with the finest experts in the country.
And Bob Coleman hosts a quarterly C-level, small business lending management webinar.

Why a Webinar?

It’s very cost effective. No airfare, no hotels. Just cram as many people as you wish into your conference room and turn on the computer. You have several options to view the program. You may watch on screen, or listen in on your phone.

You can choose to have any many connections nationwide as you wish when you purchase unlimited access for only $100.

A great benefit of the program is that you have the ability to ask questions directly of the panelists. Or, you may simply email Coleman during the program and he will air your question.
All of our webinars are recorded. Buyers of the unlimited site license option will receive a DVD recording of the event to share with anyone you wish.

A transcript of the program is also provided to purchasers of the unlimited site license.

How it Works

We use GoToWebinar as our platform. You will receive a link that will direct you to an Internet site to view the presentation. If you would like to test this process to make sure you will be able to access the link through your system’s firewall, just send an email to joseph@colemanreport.com, and he will walk you through it.

Accessing GoToWebinar
There are two ways to access the webinar. The first is to simply click on the link we will provide when you register.

If you have a firewall issue, or you can’t get the GoToWebinar link to work, don’t panic!

The second way to access the webinar is directly from the GoToWebinar website. You will simply need to input the webinar ID and access code. These will also be provided when you register, and again the day before the webinar when we distribute the handouts.

Note we will open the webinar for attendees to join at 12:00pm ET. This will give each attendee two full hours before the webinar begins to troubleshoot any technical issues. Call (818) 790-4591 if you need assistance.

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Telephone Only Option

You may also choose to listen to the program on your telephone. The phone number will be provided with the handouts.

PDF Handouts

You will receive the pdf handout via email the day before the event. These may be distributed to all of your attendees.

Replay Link

If something comes up and you miss any part of the webinar, or there are technical issues such as a power failure, Internet dropout, fire alarm drills, actual fires or, earthquake (yes that has happened!) simply email joseph@colemanreport.com and he will send you a link you may watch all or part of the webinar at your leisure. There is no charge for this service.

Complimentary Coleman Report Live! News Show with Bob Coleman from 1:50 p.m. to 2:00 p.m. Eastern

Log and dial in ten minutes before each Coleman webinar to hear the “Complimentary Coleman Report Live! News Show” with Bob Coleman.
We do this for two reasons. First, the pre-show confirms you are successfully connected to the webinar. Second, we provide you a synopsis of the current news to help you place what is happening to the small business lending industry in context. Join us for this free feature!

The Fine Print

1) The single user registration fee of $289 is based on location not attendance. You may have as many people in one location attend. You many distribute the materials to anybody in your company.
2) For only $100 more, you may invite as many people from your institution from as many locations as you wish. (You also get the reply link and transcript!) We will forward you a link that allows you to sign up as many people as you wish.
3) Substitutions are allowed at no charge.
4) Cancellations receive a 100% credit for any Coleman product.
5) As with all our products, we offer a 100% money back satisfaction guaranty — no questions asked.

Five Easy Ways to Order!

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2) Call Customer Service at 818-790-4591 extension 1
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5) Order online here


7 Clauses You Need in Your Loan Agreements to Reduce Your Litiga



Bob Coleman
Editor, Coleman Report
607 Foothill Blvd # 546
La Cañada, CA 91012
(818) 790-4591
(c) 2013 All Rights Reserved

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