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Lender Liability and Prudent Lending

Provided expert testimony involving claims against a private lender in a leveraged buyout transaction. Issues involved disputes over lender’s right to exercise remedies under the credit agreement, covenant defaults, payment defaults, alleged mismanagement by the owner of the acquired entity and borrower, negotiation between the parties prior to acquisition, due diligence, negotiation of the credit agreement and security agreement, appropriate disclosure of material facts, content and structure of post-acquisition negotiations, borrower’s adherence to the credit agreement and security agreement, and related matters.