Negative Covenants in Lending Transactions
In corporate loan agreements, negative covenants are restrictions and prohibitions that are designed to preserve the credit of the borrower as it was when the lender initially made its underwriting decision.
Loan Agreement Considerations in the COVID-19 Environment
During this unprecedented time, most corporate borrowers are facing a significant decline in revenue and liquidity resulting from the impact of the COVID-19 pandemic. In light of this, borrowers and lenders must consider multiple issues under their loan agreements. Borrowers […]
Home is Wherever I’m with You: How COVID-19 Relief Affects Homeowners, Renters, and Residential Landlords
“How do you shelter in place without a roof over your head?” Millions of Americans impacted by layoffs, furlough, and the economic downturn caused by COVID-19 are asking themselves this question as rent and mortgage payments loom near. Thanks to […]
CARES Act: Paycheck Protection Program and EIDL Loan Program
In order to address the challenges faced by small businesses, self-employed individuals, and independent contractors, the CARES Act expands existing loan programs and creates additional loan programs offered through the Small Business Administration (or SBA).
Believe In The Value Of Your Product
I ran into a client this morning who told me about a difficult negotiation he’s currently having with a critical customer. The customer represents a significant portion of his startup’s revenues, but servicing the contract is so cumbersome that it […]
Understanding Basic Contracts: The (Ir)Relevant Title
A client reached out yesterday to ask what the difference was between an independent contractor agreement and a master services agreement. He had two sitting in his inbox – different titles, though they were for the same project. At their […]
Understanding Basic Contracts: The Payment Provision
I know, it seems like a simple contractual provision. It can be, but a lack of detail in the payment section of a contract can be disastrous. Take the following provision for example: Payment: “Contractor shall be paid $40,000 for […]
Understanding Basic Contracts: The Indemnification Clause
One of the most confusing, yet critical, sections of a contract is the indemnification section. Hard word, hard section. Hopefully this blog will help. “To indemnify” means to compensate someone for his/her harm or loss. In most contracts, an indemnification […]
Understanding Basic Contracts: Terminating for Material Breach
All contracts will have a term (length of the agreement) and termination (how you terminate the agreement) clause. Well, they should have a termination clause. As I wrote last time, it’s important to take great care in reviewing your contracts […]
Understanding Basic Contracts: The Termination Clause
A client of mine called me last week to express her frustration with a vendor. The vendor wasn’t turning around the work in a timely fashion, and this was severely impacting her business. She wanted out of the contract. My […]