Intercreditor Agreements

Intercreditor agreements play a pivotal role in establishing the rights and obligations between multiple creditors. These agreements are essential for ensuring a clear approach to debt management where multiple lenders are involved. The following points list five key issues that every borrower and lender should consider when negotiating an intercreditor agreement. 1. Priority of Liens […]

Commercial Forbearance Agreements: Borrower Considerations

            Forbearance is the act of temporarily refraining from taking action against someone or something.   In the commercial lending context, forbearance means the lender is refraining from exercising its remedies because the borrower defaulted on its loan.              Forbearance agreements can be simple and straightforward.  They can also be complicated contracts with many moving parts, […]

The Fan Is Being Hit

The title says it all: Overdue Office Loans Are New Pain Point for Banks in FDIC Report ( This makes it even more important to review your loan documents to determine whether there is recourse. This previous blog post is a good place to start: When Good Non-Recourse Loans Go Bad – Seidman Law ( […]