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

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
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Lenders 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.

Moderated 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.

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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.
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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.
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