Lowenstein's Andrew Behlmann, Bruce S. Nathan, and Michael Papandrea will build on the first presentation, which highlighted the importance of a properly filled out credit application and creditor-friendly terms and conditions of sale. In this session, the speakers will discuss the challenges of getting customers to provide all of the information requested in a credit application and agree to all the creditor-friendly terms and conditions and then sign the application. The speakers will then discuss the adverse impact of an unsigned agreement on trade creditors. Among other things, the speakers will focus on the importance of creditor-friendly terms and conditions for trade creditors seeking to collect their claims and mitigate their risk of loss, the “battle of the forms” risk that ensues in the absence of a signed agreement containing creditor-friendly terms or when a customer attempts to provide superseding terms and conditions, and risks regarding the enforceability of creditor-friendly terms. The speakers will then discuss real life experiences over the enforceability of contract terms and efforts by buyers to add unfavorable terms that supersede the credit friendly terms sought by the creditor. The speakers encourage attendees to submit questions and real-life war stories from their own experience in advance of the program so the speakers can discuss them during the webinar (on an anonymous basis).
Speakers:
- Andrew Behlmann, Partner, Lowenstein Sandler LLP
- Bruce S. Nathan, Partner, Lowenstein Sandler LLP
- Michael Papandrea, Counsel, Lowenstein Sandler LLP
Time: 3 p.m. ET / 12 p.m. PT
*This event is open to the public but requires a registration fee.
