Articles

The recession of 2008-2009 brought many lessons to the lending community; and the small independent finance companies were no exception. When looking back at that period, many of the lessons that we should all remember occurred in 2005-2007, during the lead up to the recession.

If you’ll recall, the economy was strong and business was booming. For small independent finance companies (that typically run counter-cyclical), new business was harder to come by and highly competitive. As is often the case, this led to aggressive structures and lower pricing, a bad combination.

Bank of America Business Capital announced that Jennifer Cann has joined as senior vice president and head of the Retail Finance Group Portfolio. Based in Boston, Jenn manages the ABL Retail Portfolio team responsible for credit, monitoring and strategic development. 

The following interview is a transcript from SFNet YoPro Committee member Avi Levine interviewing Rob Meyers, president, CCO & managing member of Republic Business Credit, in April 2020. Rob previously served as chair of SFNet's National Young Professionals Committee and spearheaded the YoPro Annual Leadership Summit, now in its third year. We hope you enjoy getting to know the industry’s young professionals.

Wingspire Capital LLC (“Wingspire”) is pleased to provide a $46 million senior secured credit facility to Worldwise, Inc., a leading designer and supplier of pet products.

The transaction includes a $30 million revolving line of credit and a $16 million term loan to replace the previous credit facilities and enable Worldwise to meet the growing demand for cat and dog toys, beds, carriers and other pet products as the pet category continues to grow both in the U.S. and worldwide.

As an SFNet Chapter leader, some of the most enjoyable times are spent working with the next generation.  Joe Accardi, Head of New Business Development at Peoples United Business Capital, and I did that earlier this fall at Temple University, where I have been an adjunct professor for the last 11 years.  During the last two semesters, Joe has led discussions on asset-based lending (ABL) with graduating seniors.  Jeff Walsh and the team at SFNet prepared a slide presentation on the particulars of ABL and Joe also prepared a separate supplement.

Otterbourg P.C. announced today that Valerie S. Mason and Nneoma A. Maduike have been named Co-Chairs of the firm’s Lender Finance Practice Group.

Otterbourg’s experienced Lender Finance team advises and represents the largest US and global institutional lenders and regional banks, as lenders and mature lenders, sponsor supported companies, and strategics, ranging from start-ups to mature traditional lenders and funds, merchant cash advance companies, asset-based lenders, factors and fintech lenders, as borrowers, in “lender to lender” secured revolving credit and term loan facilities.

Bantry Bay Capital Limited (“Bantry Bay” or the “Company”), the specialist lender, has established a joint venture partnership with funds advised by Elliott Advisors (UK) Limited and its affiliates (together “Elliott”). Elliott Advisors (UK) Limited is an affiliate of Elliott investment Management, L.P., the global fund manager with approximately $41.8 billion in assets under management.

U.S. Bank announced that John Freeman has been added to the Asset-Based Finance (ABF) team to head the group’s Corporate Client West and Southwest Originations.  Based in Los Angeles, Freeman brings more than 25 years of Asset-Based Lending experience with an extensive background in Credit, Restructuring, and Originations.  John will be responsible for providing asset-based solutions to companies, intermediaries and financial sponsors.

Tim Knight is the vice president and senior managing partner with ThinkingAhead, where he is responsible for operations, training and recruiting for the firm. He also leads the partner group that heads up the firm’s Commercial Banking and Commercial Finance, Legal, Life Sciences and Security/Physical infrastructure search practices.

This is Tim’s 25^th year in executive search. Prior to joining ThinkingAhead, he was with Southwestern Advantage as a District Sales Manager recruiting and training salespeople. Including his college summers, Tim has been with Southwestern Family of Companies for 35 years. In his 24 years with ThinkingAhead, he has personally filled over 400 engagements for clients and his teams over 2300 professionals placed with client companies and is the all team leader in personal production for ThinkingAhead.

The increase in loan and lease defaults in the wake of COVID-19 has brought to the forefront numerous legal defenses by borrowers and tenants, such as force majeure, impossibility, and frustration of purpose.  Force majeure allows a party to suspend or terminate their obligations when certain circumstances beyond their control arise.  Impossibility applies when the destruction of the subject matter of the contract or the means of performance makes contract compliance objectively impossible.  Frustration of purpose applies when a change in circumstances makes one party’s performance virtually worthless to the other.  The decision whether to permit these defenses boils down to allocation of risk, specifically (i) who should bear the risk of unforeseen circumstances, such as the pandemic; and (ii) does the governing contract address the allocation of risk?

Corporate entities often turn to asset-based lending (ABL) as a strategic way to fund acquisitions, reduce capital volatility inherent in cash flow structures, or simply to accelerate growth. Secured by company assets, this alternative path to cash flow financing has historically followed the same process: companies choose a lending institution based on the most attractive deal structure, accept its deal terms, and undergo a field exam and asset appraisal to determine the appropriate borrowing terms.

The European Union’s recent passage of its Sustainability Financial Disclosure Regulation marks yet another milestone in the progression of environmental, social and governance matters. This article will review this regulation and related ESG disclosure requirements, together with other notable ESG developments, and discuss their impact on middle-market lenders.