Overview

At a time when the commercial lending environment is especially unpredictable and anxiety-inducing, it’s more important than ever that you know how to document transactions in ways that secure lenders’ interests, minimize their risks, and protect them from liability. 

The sixth edition of Hillman on Commercial Loan Documentation offers the practical guidance that enables you to do just that. With the aid of time-saving sample forms and sample drafting language, you’ll craft more quickly and confidently the full range of relevant documents, including loan agreements, security agreements, financing statements, pledges, guaranties, and opinion letters, helping you to:

  • Create loan closing checklists that ensure every key transactional step is taken
  • Conduct effective due diligence when trying to ascertain the borrower’s identity, capacity, and authority
  • Draft waiver clauses in loan agreements to minimize lender liabilities
  • Maximize the value of special forms of collateral, such as commercial aircraft and intellectual property, by securing them properly
  • Minimize problems specific to using real estate as collateral and when dealing with debtors’ post-closing name or location changes
  • Use intercreditor agreements to resolve conflicts with other creditors
  • Obtain adequate hazard insurance that recognizes and protects lenders
  • Draft financing orders that allow lenders to capitalize on debtor-inpossession financing
  • Examine rules proposed to deal with “digital assets” and emerging technologies 

With the help of Hillman, you’ll use loan closing checklists that ensure every key step is taken to get solid deals done and draft agreements that protect lenders from environmental risks, resolve conflicts with creditors, and allow lenders to capitalize on lucrative financing opportunities.

Publication Date: November 2013
Last Updated: June 2024
ISBN: 9781402420689
Page Count: 1,194 pages
Number of Volumes: 1

Treatise

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Contents
  • Chapter 1: Overview
  • Chapter 2: Ethical Considerations
  • Chapter 3: Commitment (and Other) Letters
  • Chapter 4: Preliminary Considerations
  • Chapter 5: Documentary Aspects of Lender Liability Avoidance
  • Chapter 6: The Borrower: Identity; Capacity; and Authority
  • Chapter 7: Opinion of the Borrower’s Counsel
  • Chapter 8: The Loan Agreement
  • Chapter 9: The Promissory Note
  • Chapter 10: The Security Agreement
  • Chapter 11: The Financing Statement
  • Chapter 12: Pledges
  • Chapter 13: Landlord’s Waiver
  • Chapter 14: Where to File; Where to Search; Notices
  • Chapter 15: Real Estate Collateral
  • Chapter 16: Special Forms of Collateral
  • Chapter 17: Guaranties
  • Chapter 18: Subordination Agreements
  • Chapter 19: Intercreditor Agreements
  • Chapter 20: Insurance
  • Chapter 21: Environmental Concerns
  • Chapter 22: Opinion Letter to the Lender
  • Chapter 23: Processing the Paperwork
  • Chapter 24: Post-Closing Changes
  • Chapter 25: Workouts and Forbearance Agreements
  • Chapter 26: Debtor-in-Possession Financing and Use of Cash Collateral
  • Table of Forms
  • Index

Testimonials

An original, incisive and useful explanation of commercial loan documents for both the new attorney and the experienced practitioner.
Michael L. Cook, Schulte Roth & Zabel LLP