Advanced Legal Issues


The Advanced Legal Issues Workshop is a three-day forum covering a variety of major legal concerns for asset-based lending professionals. Designed specifically for non-attorneys, the workshop aims to increase participants' working knowledge of the legal principles that affect their jobs. Combining interactive discussion with both real-life and hypothetical casework, it covers Multi-lender Transactions, Subordination, Documentation, Fraudulent Conveyance, Bankruptcy, Lender Liability and many other issues. A "Hot Topics" section is included to cover pertinent cases and developments in commercial law and regulation.

For upcoming workshop dates, click here.

What you will learn

  • Multi-lender transactions
  • Subordination
  • Documentation
  • Fraudulent conveyance
  • Bankruptcy
  • Lender liability
  • Unitranche

Who should attend

Program Level: Advanced

Senior Managers, Account Managers, Loan Officers, New Business staff, Credit Officers and others with a minimum of five years of asset-based lending experience.

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Module 1: Introduction

  • Purpose of Workshop - to familiarize asset-based lending professionals with the significant legal issues that affect the structuring, documentation and administration of asset-based loans
  • Goals
  • Course Outline

Module 2: Legal Aspects of Multi-lender Transactions

  • Purpose - to familiarize asset-based lending professionals with the legal issues that arise in the context of a multi-lender transaction
  • Goals
  • Basic Definitions
  • Fundamental Characteristics of a Co-Lending Arrangement
  • What Is an Agent?
  • Key Areas of Negotiation
  • Fundamental Characteristics of a Participation
  • Why Be a Participant?

Module 3: Subordination and Other Intercreditor Issues

  • Purpose - to familiarize asset-based lending professionals with the various types of subordination, the contexts in which they arise and the legal issues they raise
  • Goals
  • Contexts
  • Creating Subordinate Debt
  • Key Areas of Negotiation
  • Common Subordination Provisions
  • Bankruptcy Issues

Module 4: Legal Aspects of Deal Structure

  • Purpose - to familiarize asset-based lending professionals with the laws concerning fraudulent conveyances and the impact of those laws on deal structure
  • Goals
  • Basic Legal Concepts
  • Consequences of a Fraudulent Conveyance
  • Section 548 of the Bankruptcy Code
  • Elements of Constructive Fraud
  • Value
  • Insolvency
  • Other Financial Tests
  • Importance of State Fraudulent Conveyance Laws
  • Questions for Analysis

Module 5: Lender Liability

  • Purpose - to familiarize asset-based lending professionals with the circumstances and behaviors that commonly give rise to lender liability lawsuits
  • Goals
  • Topics for Discussion

Module 6: Practicum

  • Purpose - to give participants in the workshop an opportunity to practice the skills gained during the workshop by applying them to the facts in a hypothetical loan write-up
  • Goals
  • Analyzing the Issues