PRE-NEGOTIATION OR PRE-WORKOUT AGREEMENTSPre-Negotiation Agreement • April 23rd, 2021 • New York
Contract Type FiledApril 23rd, 2021 JurisdictionAs one of our panelists succinctly asked, “If it’s called a pre-negotiation agreement, why does it take so long to negotiate?” Indeed, the pre-negotiation agreement should not require any negotiation. Attached are two Annexes -- Annex 1 is a “standard” Pre- Negotiation Agreement drafted by Lender’s Counsel. Annex 2 is a Discussions Agreement which accomplishes the primary purpose of the pre-negotiation agreement and should require little or no negotiation prior to signing. (The language in bold face type in italics contained in the Annexes is language which may prove controversial and is therefore not always included.)