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Updated over 6 years ago,
Commercial Loan "Events of Default": LLC member buyout
I have been reading some commercial Deeds of Trust in my spare time (I need to get some more exciting hobbies!) and I was surprised to discover that it is common for the lender to consider basically any change to the LLC or ownership entity as an element of default. For instance:
-"Dissolution of LLC, even if election to continue is made"
-"Any member withdraws from the LLC"
-"Any assignment for the benefit of creditors"
So, am I correct in understanding that anytime someone buys out someone else in an LLC, they are risking the bank accelerating the note? Also, even though the multiple-member entity may have charging order protection, if one member's "dividend" is assigned to a creditor as the result of legal action, again the lender can accelerate the note and take the property? That seems a bit excessive. Is this similar to the due on sale clause for residential mortgages, where the legal contract allows the bank to take the property but rarely actually does?