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Impact Fund Workouts: Clean Energy, Affordable Housing, and Mission-Aligned Restructurings

2026-05-11 13:00:00

1.5 hours

2026-05-11 13:00:00

1.5 Credits

Master the legal complexities of distressed impact fund restructurings, protecting tax credit positions, navigating competing capital stacks, and advising sponsors, lenders, and investors through workout scenarios in clean energy and affordable housing.

2026-05-11 13:00:00

1.5 hours

Master the legal complexities of distressed impact fund restructurings, protecting tax credit positions, navigating competing capital stacks, and advising sponsors, lenders, and investors through workout scenarios in clean energy and affordable housing.

2026-05-11 13:00:00

1.5 hours

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Course Overview

Restructure Impact Funds with Confidence

Attorneys will master the legal frameworks governing distressed impact fund restructurings across clean energy and affordable housing. Practical strategies address competing capital claims, tax credit preservation, and fiduciary risk management.

Key topics that will be covered

What will you learn

Attorneys will learn how to navigate layered capital stack defaults, tax credit recapture risks, intercreditor disputes, and GP-led secondary structuring across impact fund workout scenarios.

What will you gain

Attorneys will gain practical strategies for preserving LIHTC and ITC credit monetization pathways, managing fiduciary conflicts, and advising sponsors, lenders, and investors through distressed impact fund restructurings.

Intercreditor disputes
Competing claims among senior lenders, tax equity investors, and subordinate mission capital collide.
GP secondaries
Mission-driven LPs impose non-financial return requirements that complicate continuation vehicle structuring
Fiduciary conflicts
Dual-mandate sponsors face liability when financial and impact obligations pull in opposite directions.
Regulatory survival
DHCD, CTCAC, and municipal regulatory agreements run with the property through ownership changes.
Mission covenants
Impact performance thresholds require renegotiation strategies that preserve affordability and clean energy compliance.
Future proofing deals
Workout experience informs drafting strategies that reduce future restructuring risk in impact funds.

What will you learn

Attorneys will learn how to navigate layered capital stack defaults, tax credit recapture risks, intercreditor disputes, and GP-led secondary structuring across impact fund workout scenarios.

What will you gain

Attorneys will gain practical strategies for preserving LIHTC and ITC credit monetization pathways, managing fiduciary conflicts, and advising sponsors, lenders, and investors through distressed impact fund restructurings.

Agenda

I.

Stress Drivers in Impact Funds

II.

Fund Documentation, Credit Documentation and Structural Pressure Points

III.

NAV Facilities, other Credit Facilities, and Intercreditor Dynamics

IV.

Tax Credit Structures in Workout Scenarios

V.

GP-Led Secondaries and LP Recapitalizations

VI.

Fiduciary Duties and Conflict Management

VII.

Mission Preservation, Regulatory Compliance, and Impact Metrics

VIII.

Insolvency, Enforcement, and Futureproofing

clock 1:00 pm - 1:12 pm EST

Stress Drivers in Impact Funds

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells

Faculty examines the legal frameworks and market dynamics reshaping the workout playbook for impact funds, addressing portfolio underperformance, capital call pressures, frozen federal funding, rising construction costs, and placed-in-service timing failures affecting counsel today.

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells

clock 1:12 pm - 1:24 pm EST

Fund Documentation, Credit Documentation and Structural Pressure Points

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells

Faculty explores LPA provisions, credit facility covenants, tax equity partnership agreements, side letters, and CDFI lending obligations, explaining how documentation gaps in layered capital stacks create the greatest structural risk for sponsors, lenders, and counsel.

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells

clock 1:24 pm - 1:36 pm EST

NAV Facilities, other Credit Facilities, and Intercreditor Dynamics

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells

Coverage includes covenant breaches, valuation challenges in tax credit assets, intercreditor disputes among competing capital sources, and pari passu and subordination issues, with practical strategies for counsel navigating distressed negotiated amendments across complex fund structures.

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells

clock 1:36 pm - 1:48 pm EST

Tax Credit Structures in Workout Scenarios

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells

Faculty address ITC and LIHTC recapture risk, direct pay complications, tax equity investor consent mechanics, and completion guarantee disputes, presenting strategies to preserve credit monetization pathways and protect deal economics for all parties in the capital stack.

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells

clock 1:48 pm - 2:00 pm EST

GP-Led Secondaries and LP Recapitalizations

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells

Structuring continuation vehicles, managing tender offers, and navigating investor consent processes are covered here, with particular focus on the added complexity created when mission-driven LPs, including DFIs, CDFIs, and impact investors—impose non-financial return requirements.

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells

clock 2:10 pm - 2:20 pm EST

Fiduciary Duties and Conflict Management

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells

Faculty examines sponsor conflicts in dual-mandate funds, valuation disputes for illiquid assets, disclosure obligations, and board-level workout decision-making, with direct attention to the liability exposure that arises when financial and impact obligations place fiduciaries in competing directions.

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells

clock 2:20 pm - 2:30 pm EST

Mission Preservation, Regulatory Compliance, and Impact Metrics

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells

Coverage turns to renegotiating impact performance thresholds and mission-linked covenants, including how DHCD, CTCAC, and municipal regulatory agreements survive foreclosure and distressed sales and what post-restructuring compliance with affordability and clean energy requirements demands of counsel.

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells

clock 2:30 pm - 2:40 pm EST

Insolvency, Enforcement, and Futureproofing

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells

Faculty evaluate restructuring alternatives, distressed asset sales, lien priority disputes, and title issues before closing with practical documentation strategies—translating real-world workout experience into drafting approaches that build resilience into clean energy and affordable housing fund structures from the outset.

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells

01 08
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells

Kristin E. Niver

Robinson & Cole LLP

Kristin E. Niver is counsel at Robinson+Cole, where she is nationally recognized for her innovative work at the intersection of affordable housing, clean energy, and impact finance. She has spent her entire career focused on affordable housing and community development, both as a real estate and commercial finance attorney and formerly as an urban planner with a focus on affordable housing finance and policy. Kristin works with clients on the financing and development of affordable housing and mixed-income housing projects nationwide, with particular focus on Low-Income Housing Tax Credit (LIHTC) and New Markets Tax Credit (NMTC) financing transactions, providing legal advice to financial institutions, investors, lenders, community development entities, and profit and nonprofit developers engaged in community development lending and social impact investing. She has extensive experience in community development lending, impact finance syndications, and programmatic and policy issues related to affordable housing, and also brings a broad background in commercial real estate finance, including construction and permanent loans, debt restructurings, secondary market transactions, and complex mixed-use development projects nationwide.

Education & Credentials

Kristin holds a J.D. from UCLA School of Law, where she was the Levine Distinguished Fellow in Affordable Housing with UCLA's Ziman Center for Real Estate and a member of the Epstein Program in Public Interest Law & Policy. She also holds a master's degree in urban planning and a master's degree in social work, both from Columbia University, Graduate School of Architecture, Planning and Preservation, with a focus on affordable housing policy. Kristin is admitted to practice law in New York and the District of Columbia.

Recognition & Leadership

Kristin has been recognized by Best Lawyers in America for Real Estate since 2023 and received a Bisnow Women Leading Real Estate Rising Star Award. She was named a 2025 Rising Star by the New York Real Estate Journal.

Professional Involvement

Kristin serves as chair of the Affordable Housing Committee for the American Bar Association and is a member of the Women's Leadership Initiative Steering Committee of ULI Washington. She is a frequent speaker at conferences and a digest contributor to the Journal of the ABA Forum on Affordable Housing and Community Development Law. She also published "Changing the Face of Urban America: Assessing the Low-Income Housing Tax Credit" in the Virginia Law Review.

Experience

Kristin has been active in structuring subordinate loan programs for subrecipients of Greenhouse Gas Reduction Fund awards, navigating the regulatory novelty and complexity of IRA programs following their creation in 2022. Her practice encompasses LIHTC and NMTC syndications, IRA programs, joint venture arrangements, and public-private partnerships nationwide.

Kristin E. Niver

Robinson & Cole LLP

Kristin E. Niver is counsel at Robinson+Cole, where she is nationally recognized for her innovative work at the intersection of affordable housing, clean energy, and impact finance. She has spent her entire career focused on affordable housing and community development, both as a real estate and commercial finance attorney and formerly as an urban planner with a focus on affordable housing finance and policy. Kristin works with clients on the financing and development of affordable housing and mixed-income housing projects nationwide, with particular focus on Low-Income Housing Tax Credit (LIHTC) and New Markets Tax Credit (NMTC) financing transactions, providing legal advice to financial institutions, investors, lenders, community development entities, and profit and nonprofit developers engaged in community development lending and social impact investing. She has extensive experience in community development lending, impact finance syndications, and programmatic and policy issues related to affordable housing, and also brings a broad background in commercial real estate finance, including construction and permanent loans, debt restructurings, secondary market transactions, and complex mixed-use development projects nationwide.

Education & Credentials

Kristin holds a J.D. from UCLA School of Law, where she was the Levine Distinguished Fellow in Affordable Housing with UCLA's Ziman Center for Real Estate and a member of the Epstein Program in Public Interest Law & Policy. She also holds a master's degree in urban planning and a master's degree in social work, both from Columbia University, Graduate School of Architecture, Planning and Preservation, with a focus on affordable housing policy. Kristin is admitted to practice law in New York and the District of Columbia.

Recognition & Leadership

Kristin has been recognized by Best Lawyers in America for Real Estate since 2023 and received a Bisnow Women Leading Real Estate Rising Star Award. She was named a 2025 Rising Star by the New York Real Estate Journal.

Professional Involvement

Kristin serves as chair of the Affordable Housing Committee for the American Bar Association and is a member of the Women's Leadership Initiative Steering Committee of ULI Washington. She is a frequent speaker at conferences and a digest contributor to the Journal of the ABA Forum on Affordable Housing and Community Development Law. She also published "Changing the Face of Urban America: Assessing the Low-Income Housing Tax Credit" in the Virginia Law Review.

Experience

Kristin has been active in structuring subordinate loan programs for subrecipients of Greenhouse Gas Reduction Fund awards, navigating the regulatory novelty and complexity of IRA programs following their creation in 2022. Her practice encompasses LIHTC and NMTC syndications, IRA programs, joint venture arrangements, and public-private partnerships nationwide.

Matthew Schernecke

Hogan Lovells

Matthew Edward Schernecke is a partner in the Corporate & Finance practice at Hogan Lovells in New York, where he advises direct lenders, mezzanine investment funds, and venture capital investors in a variety of debt and investment transactions with borrowers of all sizes, types, and structures. He counsels private equity clients and corporate borrowers on domestic and cross-border acquisition financings, out-of-court restructurings and workouts, bankruptcy matters, ESG and impact investment financings, and real estate financings. Matthew has a broad debt finance practice with extensive experience working with private credit funds and other non-bank lenders, as well as with borrowers, on direct lending, distressed and special situations lending, cross-border acquisition financings, and ESG and impact investment financings. He leads transactions spanning diverse industries, including financial services, real estate, retail, life sciences, health care, technology, food and beverage, hospitality, film and music entertainment, media, and telecommunications.

Matthew advises clients of all kinds on the financing aspects of sustainable investments with a broader social impact. He has broad knowledge and experience structuring and negotiating loan documents to embed and track social impact through ESG-oriented covenants and impact investment financing transactions. His practice encompasses the full spectrum of financing structures used in impact fund deals, making him a recognized practitioner at the intersection of private credit, fund finance, and mission-aligned investing.

Education & Credentials

Matthew received his undergraduate degree from Johns Hopkins University and his J.D. from The University of Chicago Law School, graduating in 2002. He was admitted to practice law in 2003. Prior to entering private practice, he served as a law clerk to Federal Magistrate Judge Cheryl L. Pollak of the U.S. District Court for the Eastern District of New York.

Recognition & Leadership

Matthew is a Fellow of the American College of Commercial Finance Lawyers, a distinction recognizing his commitment to the advancement and promotion of commercial finance law. He was also recognized as a Rising Star by Super Lawyers for 2013–2016.

Professional Involvement

Matthew has been sought after by top-tier organizations to speak on market practice, including the Loan Syndications and Trading Association (LSTA) and the American Bar Association (ABA). He has also spoken on Strafford and myLawCLE webinars on impact investment fund formation and legal structure.

Experience

Matthew joined Hogan Lovells in October 2021, where his hire was described by the firm's Global Head of Corporate & Finance as adding "significant strength to our bench, particularly with regard to direct lending and distressed/special situations lending by private credit funds and other non-bank lenders." Prior to Hogan Lovells, Matthew spent his entire career at Morgan, Lewis & Bockius, where he served as the New York office local practice group leader for the finance practice, was a leading member of its CARES Act Loan Program Task Force, and was recognized as a Corporate Finance, Private Equity, Acquisition Finance, and Cross-Border Finance Partner.

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