While federal law largely shields lenders from environmental liabilities and cleanup costs on indebted properties, lender missteps and poor loan documentation can result in a loss of that protection and put lenders on the hook for environmental remediation.
Environmental hazards can also negatively impact a borrower's ability to repay the loan and decrease the collateral value, which is why it is essential to uncover the hazards before the closing of the loan and formulate a plan, whether a Phase I environmental site assessment or some lesser action.
A critical protection for the lender is an indemnification agreement with the borrower as part of the loan documentation. Other key loan agreement provisions include reps and warranties, covenants, notice provisions, and inspection rights. Another option for the lender is to require the borrower to obtain insurance, usually in a pollution policy.
Lender environmental due diligence at the time of a loan default or workout is also critical as environmental hazards must be considered when assessing the collateral value and a workout plan. Of course, if foreclosure appears imminent, the lender liability must be carefully evaluated as the lender prepares to take possession of the property.
Listen as our authoritative panel of experienced attorneys analyzes lender liability for environmental cleanup and remediation liabilities. The panel will discuss theories of liability and best practices for lenders to minimize direct liability and diminution of the collateral value. The panel will address risk mitigation in loan origination and during the life of the loan, including workouts and foreclosures.
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Watch our panel discussion to learn how four diverse campuses are planning for Fall 2021. Hear how each will be addressing vaccines and testing, roommates and room changes, quarantine and isolation housing, international students, residents guests, and more.
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Digital twins are coming to the built environment, adding intelligence from the beginning of the design phase through to the end of the building’s useful life.
Watch a recording of this webinar, co-hosted by independent research firm Verdantix and Spacewell. And gain insight into the impacts of digital twins on building life-cycle management, including learnings from research.
Digital twins may still sound like a far-off concept, but they are in fact already very much a reality. A user explains how they leverage a digital twin to enable far-reaching cooperation with different partners during design, construction, and building management phases.
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The AIA contract documents are the most widely used form agreements for the procurement of design and construction services in America. Perhaps the most significant change for 2017 was the creation of an Insurance Exhibit. This exhibit offers the parties the opportunity to explore in much greater detail the insurance needs of their project. The Insurance Exhibit also provides a great deal more specificity with regard to required property and general liability insurance. This topic will provide you with an in-depth understanding of how to use the Insurance Exhibit and get the most out of it to best insure a successful project.
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