Michael D. Schiffer, Partner at Venable; Mark B. Joachim, Partner at Arent Fox and Mark N. Berman, Partner at Nixon Peabody, will prepare commercial finance counsel to anticipate potential pitfalls and to craft provisions in intercreditor agreements that protect mezzanine lenders.
The panel will review these and other key questions:
- What terms should be included in the intercreditor agreement to protect the mezzanine lender in the event of bankruptcy or foreclosure and sale of collateral?
- How can the mezzanine lender preserve subrogation rights?
- What provisions should be included to limit payment blockages and standstill periods?