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List of Forms by Chapter
Chapter 1 — Beginning the Commercial and Industrial Lending Process
II. [1.2] Why Proper Loan Documentation Is So Important
Chapter 2 — Commitments To Lend and Preliminary Due Diligence
I. Avoiding Unintended Commitments To Lend
II. [2.8] The Legislative Movement
III. The Commitment Letter
IV. Due Diligence
Chapter 3 — Borrowing Entities
I. Identifying the Borrower
II. [3.35] Borrowers Affected by Regulation O — Financial Institutions Regulatory and Interest Rate Control Act of 1978 (FIRIRCA)
III. [3.38] Borrowers Affected by Regulation B — Equal Credit Opportunity Act (ECOA)
Chapter 4 — Promissory Notes
Chapter 5 — Loan Agreements
I. [5.1] The Loan Agreement
III. Cross-Collateralization
IV. Cross-Default
IX. [5.17] Lines of Credit Letters
X. Additional Clauses for Loan Agreement
Chapter 6 — Guaranties
II. [6.2] Types of Guaranties
III. [6.12] Discharging the Guarantor; Preserving Rights Against the Guarantor
V. [6.33] What Are the Bank’s Duties to the Guarantor?
VI. Guaranties and the Bankruptcy Code
Chapter 7 — Third Party Documents
Chapter 8 — Uniform Commercial Code Compliance
I. [8.1] Creating a Perfected Security Interest
II. Collateral Categories
IV. [8.31] Perfection by Filing
V. Perfection by Means Other than Filing
VI. [8.67] Perfecting on Membership Interests in a Limited Liability Company
VII. Challenges to the Bank’s Priority Position
Chapter 9 — Special Collateral
Chapter 10 — Real Estate Collateral
I. [10.1] Real Estate as Additional Collateral
II. [10.6] Appraisals
III. [10.14] Commercial Surveys; Mortgage Loan Policies
V. [10.19] Insurance
IX. [10.29] Real Estate Loan Documentation; Sample Forms
X. [10.37] Leased Property
Chapter 11 — Lender Liability Avoidance
II. What Kinds of Cases Have Resulted in Liability for Banks?
IV. [11.11] Suggested Documentation Techniques
V. Other Examples
Chapter 12 — Documentation for Distressed Borrowers
I. Identifying the Troubled Borrower
II. Documentation To Bridge the Gap
III. [12.8] Pursuing Remedies on Default
IV. Real Estate: The Deed in Lieu of Foreclosure
V. Bankruptcy IssuesMichael L. Weissman is retired from Levin Ginsburg in Chicago, where he focused his practice on commercial law and banking, including the structuring of a wide variety of financing transactions. He has frequently published articles in journals devoted to banking and commercial finance, has lectured for numerous diverse groups, and has been a panelist for countless seminars. He served on the Board of Directors of IICLE® from 1990 to 2003 and was awarded the Addis Hull Award in 2018. He was a Fulbright Senior Specialist at the School of Business Administration, Turiba, in Riga, Latvia, in 2006; a Fulbright Senior Specialist at the National University in Vientiane, Laos, in 2008; an instructor in the American Bar Association’s International Senior Lawyers Project in Capetown, South Africa, in 2009; and taught for the African Centre for Legal Excellence in Zanzibar, Tanzania, and in Kampala, Uganda. Mr. Weissman received his J.D. from Harvard Law School, was a Fulbright Scholar at the University of Sydney (Australia) Faculty of Law, received his M.B.A. from the Wharton Graduate Division of the University of Pennsylvania, and received his B.S. in Economics from Northwestern University.
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