By Anne Rodell; College of Law (England and Wales)
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Extra info for Commercial property. 2013
A subsequent lender may seek to exercise its power of sale on a default by the borrower under the subsequent loan (or on a cross-default), whereas the original lender may not wish to take this step but to give the borrower time. 3 have been taken. 3 Further advances Where the loan relates to the acquisition or re-finance of an existing commercial property or a development site, the loan agreement will generally provide for the loan to be released by the lender in one sum, on request, once all conditions precedent have been satisfied.
Although certain matters can be customised in a shareholders agreement, in default the arrangements will be governed by company law, which is a tried and tested framework with which the parties are likely to be familiar. A key advantage of using an SPV is that the SPV will have limited liability. This means that the risk of a particular business venture can be isolated from the other businesses of the companies involved. If the property investment turns out to be a very bad one and the SPV becomes insolvent, the other interests of the shareholding companies are protected.
12 Commercial Property In addition to being concerned with the valuation of the property, the lender will also wish to be satisfied that the property has good and marketable title. As mentioned above, on a default by the borrower the lender will wish to sell the property as mortgagee to repay the loan, interest, costs and charges. If there are any defects in the title this could cause a delay in the sale, thereby causing further interest to accrue, or enable a buyer to renegotiate the price. This increases the risk of the lender suffering a shortfall.