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A Lessor's Guide to Workouts

By Frank Peretore

Part One of a Two-Part Article

The primary goal of a workout should be to place the creditor in the strongest possible collateral and procedural positions in the event of a default. Every workout should be structured to anticipate a future default and enhance procedural, substantive, and collateral positions. If properly drafted, the workout agreement will assure that the creditor will avoid duplicative litigation costs and delays in the event of the future default, and will obtain all collateral and judgments against all obligors and guarantors expeditiously, preferably with priority over other lienholders and creditors.

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