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Hillman on Commercial Loan Documentation (Sixth Edition) (Looseleaf)

Author(s): Thomas S Hemmendinger
Practice Area: Banking, Bankruptcy & Restructuring, Corporate & Securities, Real Estate
Published: Nov 2013
Supplement Date: Jun 2019 i Other versions can be found in the Related Items tab.
ISBN: 9781402420689
PLI Item #: 47932

Also available in hardbound

“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

Hillman on Commercial Loan Documentation is a trusted reference that can help attorneys draft commercial loan documents with efficiency and confidence. It walks the reader through the loan documentation process and includes numerous sample documents such as loan agreements, security agreements, financing statements, pledges, and opinion letters. The materials provide expert guidance on how 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-in-possession financing.
  • Protect lenders from environmental risks.
Hillman on Commercial Loan Documentation attempts to distill the author’s experience into a functional format that guides the novice or refreshes those with more experience. Although written mainly for attorneys, it will also prove useful to commercial loan officers and to borrowers’ attorneys. Fact patterns adapted from cases are used as examples of problems that may be avoided by redrafting.
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Thomas S. Hemmendinger is of counsel to Brennan, Recupero, Cascione, Scungio & McAllister, LLP, of Providence, Rhode Island, and Taunton, Massachusetts.  He counsels financial institutions, logistics companies, and other businesses on commercial loan documentation, Uniform Commercial Code matters, commercial transactions, workouts, and commercial and bankruptcy litigation.  He also serves as a court-appointed receiver.  He regularly writes and teaches on these and other topics for lending institutions and for continuing legal education organizations.  He is a member of the Uniform Law Commission (National Conference of Commissioners on Uniform State Laws).  He is also a member of the American Bankruptcy Institute, the American Bar Association’s Business Law and Real Property, Probate and Trust Law Sections, and the Association of Commercial Finance Attorneys.  Mr. Hemmendinger received his A.B. from Brown University and his J.D. from the University of North Carolina School of Law.