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Kenneth M. Block and Jeffrey B. Steiner, members of Thelen Reid Brown Raysman & Steiner, write that the issuance of a "commitment" by a lender is fraught with danger where there are conditions precedent to funding; for example, the lender may need to obtain loan participants or has not completed its due diligence. Unless the lender clearly expresses that the "commitment" is neither binding nor enforceable, it may find itself embroiled in litigation if the loan does not fund.
January 17, 2007 at 12:00 AM
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