- Axiom Bank N.A. Appoints Bryan Scheff as VP, Commercial Relationship Manager
- Wells Fargo Names William M. Daley Vice Chairman of Public Affairs
- Fund Finance Partners Launches New U.S. Debt Advisory Business
- 18 Moritt Hock & Hamroff Attorneys Selected as 2019 Metro New York Super Lawyers®
- Albert Delgado Joins Seacoast Business Funding
TSL Feature Articles
What a Lender Needs to Know: Key Loan Document Terms in a Time of Crisis
As circumstances are moving rapidly, companies and their lenders are dealing with unprecedented times. While companies try to determine the full impact of the current economic tailspin on their businesses, lenders are looking to understand their risks and how they can respond to them.
The credit agreement sets out the rules of the road for the relationship between a company and its lenders. In the list of credit agreement provisions set out below we attempt to provide a map for the secured lender for navigating those rules, anticipating where there may be bumps or wrong turns and providing some guidance for where a lender may go in the credit agreement to determine its path when confronted with a borrower in distress.
Will the Coronavirus impact your borrowers?
Do not underestimate the impact of the Coronavirus on a company’s Q1 and Q2 2020 financial results. The supply chain issues are unknown, the potential economic slowdown is unknown, and the length of time the impact will be felt is unknown.
This will certainly be a standard excuse for performance weakness that will be heard over the next year. Be prepared!
As a lender, which borrowers do you consider for impact, and what do you do to stay ahead of the problem?
Lender Alert: Commercial Finance Disclosure Legislation In New York State Merits Watching
If passed, proposed New York State Senate Bill S5470 (“the Bill”) would impose a disclosure requirement upon certain New York commercial lenders. This proposal follows a trend exemplified most notably in California, which amended the California Financing Law to require licensed commercial lenders and brokers to issue new disclosures to commercial borrowers in that state, including loans made via an internet platform.
The required disclosures of the Bill approximate those in the loan estimate form issued to home buyers by residential mortgage lenders under the federal Truth in Lending Act. The Bill has several exceptions, leaving much of the commercial lending community unaffected and placing substantial regulatory burdens on a narrow remaining segment
Vernon Francois: Prestige Capital Supports Entrepreneur’s Partnership with Sally Beauty
Vernon Francois grew up in a Rastafarian household where the weekly tradition was having his hair braided every Sunday. The experience was so painful that he decided to learn how to braid hair himself, using carpets and window shade edges as practice.
All that practice paid off. When he was just Vernon Francois grew up in a Rastafarian household where the weekly tradition was having his hair braided every Sunday. The experience was so painful that he decided to learn how to braid hair himself, using carpets and window shade edges as practice.
Your Client’s Cybersecurity Threat Is Your Threat Too
The specter of cybercrime haunts every industry, but none more so than financial services. If there is considerable money involved or sensitive client data to steal, then there is certainly some cybercriminal looking for a financial firm to target. As secured lenders step up their efforts to secure their own systems and data, there is a growing understanding of the complexity of that task. Asset-based lenders and factors are increasingly aware that their cybersecurity procedures must be ongoing and dynamic to thwart a network intrusion and to quickly shut down and mitigate a hack if it does happen.
Isn’t That What it Says? --Potential Perils of Incorporation by Reference in Finance Transactions
The author discusses the potential perils of improper use of “incorporation by reference” in commercial lending transactions, as well as potential strategies for reducing potential incorporation by reference hazards.
Syndicated ABL Volume up in 2019, Deal Count Down
Refinitiv’s director of analytics shares with readers the latest data surrounding the syndicated market.
SFNet Education Focus 20/20 Dynamic Educational Content is Key for Members
As the Secured Finance Network celebrates its 75th anniversary, its commitment to the education of its membership remains tantamount to the organization. Part of that commitment is making sure that secured lenders of all stripes are provided with the essential tools, training, and best practices to ensure their professional success.
Interview with McGuire Woods’ Hamid Namazie
Hamid Namazie is managing partner of McGuireWoods’ Los Angeles - Downtown office. He concentrates his practice on representing a wide range of clients, including banks, institutional lenders and commercial finance companies, providing asset-based loans.
Founded for Entrepreneurs By an Entrepreneur
FTC Commercial Corporation was launched in 2002 with a strong focus on small and medium-size enterprise. Co-founder Ken Wengrod tapped into his experience, having worked in factoring and retail to create a company that understands the entire trade cycle of manufacturing and importing.
Lenders Think About Recession Readiness
The head of Capital One’s Financial Institutions Group reviews the trends that lenders should be watching as we shift into 2020.
Thoughts on the Third Quarter 2019 Asset-Based Lending Index
Q3 2019 results generally demonstrate the continuation of trends observed throughout 2019. Year to date, we continue to have growth in the industry as a whole and credit quality remains solid. There are a few notable deviations from trends observed throughout the year as we will see.
General economic conditions continue to be top of mind for the secured finance community, but it is interesting to note that we continue to see a divergence between Bank and Non-Bank Lenders with respect to the SFNet Confidence Index. As a reminder, starting in 2019, we have chosen to divide the ABL lender universe along Bank and Non-Bank lines, as opposed to our previous methodology of splitting up the ABL lender universe by portfolio size.
Review and Forecast with Joseph Nemia, Executive Vice President - Head of Asset Based Lending at TD Bank
Joseph Nemia looks back at 2019 and discusses what the secured finance industry can expect to see in 2020.
Trade Finance Insights: Financing Trade Receivables Beyond ABL or Factoring
A Demica senior director explains how trade receivable securitization programs can be used as a valuable alternative to other funding solutions, especially in cross-border or challenging credit environments.
Putting Capital to Work - Far West Capital Customer: Drink Daily Greens
Jan 6, 2020Meet an entrepreneur trying to make the world a “greener” place.
At 33 years old, Shauna was diagnosed with breast cancer - a head-spinning diagnosis for anyone, but especially a new mother at 33 who considered herself fairly healthy. Then came the draining, life-sapping chemo that would save her life, but leave her feeling weak and malnourished
UCC Insights - Looking For A Better Mouse Trap? Article 9 Sales Spring To Action.
The time and cost of liquidating collateral can often be prohibitive and is always a nuisance. Of course, this problem is exacerbated when the asset value is less than the balance owed to the secured creditor(s), leaving no value for unsecured creditors. Lenders often step up and carve out an amount to be distributed to unsecured creditors to enable a Chapter 11 to proceed to effect a sale of the debtor’s assets free and clear of liens. Some consider this to be a price to be paid by secured creditors for the privilege of utilizing the bankruptcy court to sell their collateral. Thus, the cost of a bankruptcy can be very expensive not only to the debtor, but also to the secured lender. As a result, small and middle-market companies and their lenders have grown receptive to non-bankruptcy vehicles for the disposition of assets.
Purchase Order Financing: Then, Now and What’s Ahead
Purchase order financing has been around nearly as long as its close relatives (factoring) and distant ones (merchant banking), but has become much more prevalent in the last decade. With better technology and other innovations accelerating manufacturing and production timelines to meet demand from e-commerce and big box customers, the global supply chain has never been under more stress. We see this with the China tariffs, Brexit and other significant changes to trade policy. Purchase order financing has never been a more valuable option for companies buying and selling around the globe.
The Digital Transformation is Severely Disrupting Retail: The Time for Action is Now
The transformation of retail is creating new and significant challenges for traditional retailers. Antony Karabus, CEO of HRC Advisory, explores those obstacles and offers solutions to help retailers survive – and even thrive — during these tumultuous times.
Interview with Incoming SFNet President John DePledge
John DePledge currently serves as the head of Asset Based Lending of Bank Leumi USA. With over 35 years of ABL experience, John has built portfolios in numerous new markets and has held senior leadership roles in originations, portfolio management, underwriting, asset recovery and field examination. Here, he outlines SFNet’s 2020 goals after its recent transformation.
SFNet Hall of Fame Inductees
Oct 16, 2019When we set out to rebrand the Commercial Finance Association over a year ago, we knew we wanted to build on our proud heritage while looking to the future. That timeless adage “remember where you came from” was at the forefront of our minds as we discussed the new brand. There were many positive attributes that we wanted to preserve as we planned to reposition our value proposition to align with the priorities of our diverse network.
Click on the link below to meet some of the “difference makers” in the secured finance community. This issue of The Secured Lender celebrates those who are having a profound impact on both their communities and their organizations.
Previous TSL Articles
Lien Portfolio Transparency Can Identify Filing Errors Before They Cost You
Name change invalidates lien filing, continuation is irrelevant
When a creditor, whose debtor filed for bankruptcy relief, sought adequate protection payments as a secured creditor, his status as a secured creditor was challenged by an Official Committee of Unsecured Creditors. Based upon filing errors he had committed, he was declared an unsecured creditor of the estate. Official Committee of Unsecured Creditors of Rancher’s Legacy Meat Co. v. Ratliff, 616 B.R. 532 (Bankr. D. Minn. March 23, 2020).
This case points out the critical importance of familiarity with subsequent events that can make a UCC filing seriously misleading, what to do to avoid its characterization as seriously misleading, and within what time period, so as to prevent later continuation statements to be ineffective and cause the supposed secured creditor to be deemed unsecured.
YoPro Leadership Summit Recap
This year’s YoPro Leadership Summit, held virtually August 26-27, brought together the young professionals of the secured finance industry for opportunities to hear from industry leaders, connect with peers, and to discover together how to succeed in the post-COVID environment. The theme this year was "Succeeding in the New Environment."
The Standing Out While Working panel was a “choose your own adventure” style format, where attendees were polled and selected which direction they wanted the panel discussion to go. An Economic Discussion dove into wealth management with an outlook on the current private banking landscape, navigating liquidity, major life milestones, and personalized capital solutions. Lending Through COVID explored the changes in credit and legal due diligence during a pandemic, while the Titans Roundtable participants discussed career advice and experiences going through the ranks as well as advice for managing teams during COVID.
Driving Growth in a Post-COVID World: Finding Success in the New Normal
The events of 2020 have given commercial lenders the enormous opportunity of being the catalyst for helping to create greater economic stability. With the release of urgent stimulus programs, lenders must be nimble enough to make financing available to businesses that need it to keep their heads above water while they handle the COVID-19 effect on our economy. But at the same time, it is crucial for lenders to carefully mitigate risks and maintain strong lending practices to protect their organization so that they can continue to lend in a more uncertain world.
For astute lenders, it is possible to take steps to protect their business now and be poised for a bright future. To do this, what should lenders focus on to help them exceed expectations and achieve growth in a difficult time?
Q&A with Bruce Sim, Head of Acquisitions at eCapital Corp.
As head of acquisitions, Bruce Sim is responsible for sourcing commercial finance platform companies and portfolios across North America, and the UK.
Sim has more than three decades of experience in commercial finance, banking, and capital markets. Prior to joining eCapital, he served as senior director of business development at ExWorks Capital, and senior managing director for Glass Ratner Advisory & Capital Group. His banking experience includes executive roles as Head of Capital Markets and Wealth Management at RBC (Caribbean) Ltd, a subsidiary of Royal Bank of Canada; Head of Wells Fargo Global Banking in Miami; and Southeast Region Manager for asset-based lending at Wells Fargo. Sim earned his Bachelor of Science (Mathematics) from the University of Toronto and a Master of Business Administration from York University in Canada.
The Courts’ View of UCC Article 9 Sales In The COVID-19 Environment Is Clearly Changing
In the beginning of the pandemic, we reported that courts viewed Article 9 sales with a more critical eye. For example, we previously reported that Justice Masley of the New York Supreme Court, New York County Commercial Division, issued a decision on June 23, 2020 in D2 Mark LLC v. OREI VI Investments, LLC, holding that a UCC Article 9 sale on thirty-six (36) days’ notice, which required the winning bidder to make a non-refundable deposit of 10% of the purchase price, pay the remaining balance within 24 hours, and precluded the borrower from submitting a bid, was commercially unreasonable because of the dire implications of COVID-19. Article: Lender Stayed From Proceeding With UCC Article 9 Sale
SFNet Committee Spotlight: YoPro Committee 2020
This column highlights the hard work and dedication of SFNet committee volunteers. Here we speak with William Bence, the chair of SFNet’s Young Professionals (YoPro) Committee and principal, Wingspire Capital, who was profiled in the September 40 Under 40 theme issue of The Secured Lender magazine.
Interview with Andrew Hollingsworth of Naturally Gerber Finance and Jennifer Palmer, CEO of Gerber Finance
Gerber Finance found the ideal candidate in Andrew Hollingsworth to develop its Natural Products Group and set up a west coast operation to serve its clients' growing portfolio. Andrew possesses a keen understanding of the mindset and needs of natural product companies, having served as CFO for Numi Organic Tea, and brings a deep background in banking, accounting, and finance. Andrew manages Gerber Finance's growing portfolio of natural products clients who value the consultative, relationship that is the hallmark of the Gerber formula. Natural Products Group clients include baby food and products, mushroom mycelium powders, protein powders, sustainable and reusable food storage bags, organic tea, and Asian bone broths and noodles.
As the former CFO of Numi Organic Tea, Andrew was first a client of Gerber Finance, supporting the growth of the business and the brand's expansion. In his role, Andrew garnered an in-depth knowledge of supply chains, business seasonality, and cycles, supporting the need for investment in innovation and the expansion into new markets, leading strategic planning and analysis, debt financing, and investment rounds.
The Stoic Lender
If you seek tranquility, do less. Or (more accurately) do what’s essential. Do less, better. Because most of what we do or say is not essential
-- Marcus Aurelius
Lenders (and most others) struggle with a particular problem almost every day: how to prioritize deals they can get done versus those they can’t. Prioritization affects all of us, but how practically can we focus on what is essential? We are living beings and our most important asset is time, so let’s use it wisely. But how do we know if we are using it sensibly? Seneca similarly stated,
It is not that we have a short time to live, but that we waste a lot of it
Granted, he was referencing our lives and not lending, but the lesson still applies. What is essential in lending? To be successful in lending one only to needs consider duration – safety – return and contingencies (perhaps a subset of safety).
Interview with SFNet’s New President Jeffrey Goldrich
Jeffrey Goldrich, SFNet’s 2021 president, has been in the asset-based lending and factoring business for over 40 years. He founded North Mill Capital, as its president and CEO, with its management group in 2010. In 1995 he co-founded, as a shareholder and COO, Business Alliance Capital Corp (BACC), a national commercial finance company based in Princeton, New Jersey. Goldrich and his partner sold BACC to Sovereign Bank (now Santander) in 2005.
Prior to that, he was a senior vice president and manager of the asset-based lending department of First Fidelity Bank in Newark, New Jersey.
Meaningful Networking in a Virtual World: It CAN Be Done
I was a lender for over 40 years and have been a member of SFNet for most of that time. I have attended many conferences over the years. I especially enjoy the SFNet Annual Convention. A different city every year, an opportunity to catch up with all the people I know in the industry, but haven’t seen in a while, and an opportunity to meet lots of new people that I didn’t know or only knew by telephone or e-mail. When I was a lender, our syndications group would arrange a lot of meetings with existing and potential new partners and very often was able to pitch new deals. This was a time to solidify relationships, expand your professional and personal network and maybe get some business done. For years, I never came home from the convention without at least one new potential deal to review. And, of course, there were always exceptional keynote speakers and terrific panels to attend as well.
In This Section
The Secured Lender
The SFNet Capital Markets Issue