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Tag Archives: Watkins Eager

COMMERCIAL FINANCE 701 — Syndications: a super-sized credit facility with multiple lenders


To fulfill whopping credit needs, a corporate borrower may need to avail itself of a syndicated loan.  This article attempts to define, distill and distinguish this divergent financing vehicle. What is a Syndicated Loan or Loan Syndication? As too common in business jargon, “syndicated loan” and “loan syndication” are not precisely defined or uniformly employed terms.  To get us started, ...

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COMMERCIAL FINANCE 701 — Doing business with the Government

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  The Founding Fathers would be dumbfounded if they could see our gigantesque government structure. This behemoth annually spends in excess of $6 trillion protecting, regulating, arbitrating, purchasing, managing, lending, insuring, competing, and, more recently, joining public–private partnerships. One of every six full-time U.S. workers is a local, state or federal governmental employee.  Inevitably, doing business will involve contact with ...

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COMMERCIAL FINANCE 701 — Construction contracts and risk mitigation

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  A commercial construction project is a multifaceted venture.  The numerous parties, erratic pricing of materials, potential for defects, unpredictable local governments, tight profit margins, and vital financing all contribute to a challenging project.  The parties need a well-drafted construction contract. THE PROCESS Reaching the point of actually needing a construction contract can be exhausting.  Necessary steps include site selection, ...

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COMMERCIAL FINANCE 701 — Enhancing a title policy with endorsements


Although often overlooked, title policy endorsements are an integral part of a commercial real estate title insurance policy.  These optional add-ons greatly enhance the coverage and protection provided to an insured owner or lender. My law partners Molly Jeffcoat Moody and Ben Williams, the usual authors of this column, discussed in a prior column the differences in title certificates, title ...

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COMMERCIAL FINANCE 701 — Appraisals, cap rates & loan dollars


An appraisal is one of the most significant obstacles to a competent developer’s obtaining a commercial loan.  Once received, the anticipated appraisal chiefly goes unread – except for a few critical numbers.  This article discusses appraisals, cap rates and loan dollars. What is an appraisal? Not surprisingly, the feds have their own definition of “appraisal.”  At 12 CFR 225.62, the ...

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Commercial Finance 701 – Business entity selection: Choose wisely or pay later


By Clark C. Luke The choice of entity form is perhaps one of the most confusing and difficult decisions an entrepreneur will face.  The decision will have significant implications for future taxation, personal liability, management\voting rights, ease of financing, and subsequent transfers of assets or ownership. My law partners Molly Jeffcoat Moody and Ben Williams, the regular authors of this ...

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COMMERCIAL FINANCE 701 — Participations: One loan and multiple banks


H igh dollar projects and banks’ house limits are major drivers of commercial loan participations.  This article addresses why and how banks join together to make a single commercial loan. What is a loan participation? A loan participation is an arrangement among banks in which one bank shares part of its loan with one or more banks.  The arrangement is ...

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COMMERCIAL FINANCE 701 — Loan guaranties: Skin in the game


M any a furl-browed borrower has questioned a bank’s need for guaranties.  The borrower – excited about his can’t-miss venture – may be slightly offended that the bank even thinks a guaranty is necessary and, contradictorily, hesitant to put his net worth on the line.  Today’s bank – making loans at historically low rates but all too cognizant of several ...

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COMMERCIAL FINANCE 701 — Tax credits: key programs and select acronyms


T ax credit programs cannot be credited with the conception of the term “acronymophobia” – an irrational fear of acronyms – but the phobic population grows with each new program.  Three popular tax credit acronyms for developers are LIHTC, NMTC and HTC. These letters represent incentive programs, which account for about $8.5 billion of annual U.S. credited federal taxes. All ...

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COMMERCIAL FINANCE 701: Basel III, HVCRE & real estate loans


  Sitting atop the Alps, Switzerland managed to eschew both World Wars, flout the fluctuating Euro, and fleece wide-eyed tourists with opened arms.  Of late, however, the multilingual country has exported more than chocolate: from Lausanne, the controversial Iranian nuclear treaty negotiations, and, more on point for us, from Basel, Switzerland, a series of confounding financial regulations innocuously referred to ...

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