"stock"

Lawrence J. Friedman, Esq. Pick up any newspaper or magazine, navigate to any online news site, or click to any TV news station, and the number one topic is the economy and the nation-wide recession. This recession has hit all sectors, not only in real estate and banking, but now in energy, manufacturing, and high-tech as well. Lenders have become reluctant to lend any money for fear that any existing loans they renew or any new loans they extend will go bad. Therefore, the country has found itself frozen in a state where every existing loan is a distressed loan. WHAT IS A DISTRESSED LOAN? A loan is distressed when a borrower does not have the capacity to pay according to its terms, and when either one or both of the following circumstances are present: the borrower is demonstrating adverse financial and repayment trends; or, the loan is delinquent or past due under the loan contract. Either of these circumstances, together with inadequate collateralization, presents a high probability of loss to the lender. Today, loans are becoming distressed loans in a variety of ways. For example, a loan can become distressed if the lender stops funding the loan proceeds under …

By Paul Kiernan, Holland & Knight Being happy may be a little harder than it was 20 years ago when Bobby McFerrin sang that tune. Worrying? It’s back in style. Our current credit/financial/economic/kitchen-sink crisis is so worrisome because no one wants to bet his own dollars on how long the crisis is going to last or who it’s going to whack next. Just like a good horror movie where you hear “The Nameless Beast” and you sense it’s out there in the dark, but you never quite see its exact shape. That’s much scarier than seeing “The Beast” face-to-face. The autumn-into-winter freeze on productive activity is showing up in court. Deals that were a lock are falling apart. Sterling lenders are tarnishing. And household names are being posted on the docket down at the bankruptcy court. Things that pundits said just a year ago “would never happen” seem to happen on a weekly basis. For the commercial and retail landlord, the issue is timing. As you see your tenant’s problems multiplying — or you are worried that the problems may be snowballing — at what point do you think about litigation? The first late check? The first request to offset …