“Loan Termination” Splits in Two
The pre-2022 “Loan Termination Deadline” is splitting into two concepts: the New Loan Terms Deadline & the New Loan Availability Deadline. This gives seller the ability to push for an earlier Terms Deadline, while allowing buyers to have a later Availability Deadline. Time will tell whether the market will take advantage of the distinction. And loan terms and loan availability are so intertwined—it remains to be seen whether the distinction between the two concepts will hold up in skirmishes and court.