Articles
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Lender Stayed From Proceeding With UCC Article 9 Sale
Moritt Hock & Hamroff recently reported on the impact of the COVID-19 pandemic on Uniform Commercial Code (“UCC”) Article 9 sales. Now, a second significant decision on this issue has been published. While our last alert concerned whether Article 9 sales may proceed in light of Governor Andrew Cuomo’s Executive Order precluding foreclosures (and reported a decision holding such Article 9 sales may proceed), this latest decision addresses the Article 9 “commercial reasonableness” standard in the present environment, holding that the sale terms established by the lender in question were not reasonable and staying the sale for at least thirty (30) days.
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PLAYSTUDIOS Announces New $75 Million Revolving Credit Facility
PLAYSTUDIOS, Inc. (Nasdaq: MYPS) (“PLAYSTUDIOS” or the “Company”), an award-winning developer of free-to-play casual mobile and social games that offer real-world rewards to loyal players, announced today that it has entered into a new $75 million, five-year secured revolving credit facility (“New Credit Facility”) to support its future growth initiatives. The New Credit Facility also provides the Company with an option to increase the credit facility for up to an additional $75 million.
JPMorgan Chase Bank, N.A., Silicon Valley Bank and Wells Fargo Securities, LLC, served as joint bookrunners and joint lead arrangers. JPMorgan Chase Bank, N.A., serves as the administrative agent. -
Tempur Sealy Closes Bank Financing with JPMorgan Chase Bank, N.A., as Administrative Agent
The Company entered into an incremental 364-day $200 million term loan (the "364-Day Loan") among several banks and other financial institutions, including JPMorgan Chase Bank, N.A., as administrative agent. The additional financing provided under the 364-Day Loan enhances the Company's liquidity during the unprecedented global impact of COVID-19.
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Encina Business Credit Provides $25 Million Revolving Credit Facility to E-Commerce Retailer
Encina Business Credit, LLC announced today that is has provided a $25 million senior revolving credit facility to an e-commerce retailer.
The senior secured revolving line of credit, which is collateralized by accounts receivable, and inventory, was used to provide working capital financing. In addition, the facility offers a $10 million accordion feature that allows for future growth.
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Ares Commercial Finance Adds Partner to its Investment and Executive Committees
Ares Commercial Finance (“ACF”) announced that Mitch Drucker has joined as a Partner. Mr. Drucker will be a part of the ACF leadership team comprised of Mitch Goldstein, Ryan Cascade, John Nooney and Oleh Szczupak. He will also sit on the Investment Committee for ACF and be involved in all aspects of the business from origination to portfolio management.
Mr. Drucker joins ACF from Garrison Investment Group, where he was responsible for Corporate Finance investments in Garrison’s Opportunity and Direct Lending Funds and was a member of the Firm's Management and Investment Committees. -
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
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Bay View Funding names Vince Mancuso, Executive Vice President & Sales Director
Vince Mancuso brings more than 30 years of experience in commercial finance, offering strategic leadership and deep industry insight to stakeholders and service partners.
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House Democrats Propose the Heroes Act
House Democrats unveiled a massive $3-trillion virus-relief bill Tuesday, combining aid to state and local governments with direct cash payments, expanded unemployment insurance and food stamp spending as well as funds for voting by mail and the U.S. Postal Service. A vote is likely on Friday.
While the bill is not supported by House Republicans (or expected to become law), it is the opening salvo for the next COVID-19 relief package, which will likely face protracted negotiations between the White House and Congress.
House Democrats prepared the below summaries, which make a number of changes to programs in the CARES Act, including to the Payroll Protection Program (PPP).
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Ares Management Corporation Announces Agreement to Acquire Majority Interest in Hong Kong-based SSG Capital Holdings Limited
Ares Management Corporation (NYSE: ARES) (“Ares”) announced today that its subsidiary, Ares Holdings L.P., has entered into a definitive agreement to acquire a controlling interest in SSG Capital Holdings Limited and its operating subsidiaries (collectively, “SSG”), a leading Asian alternative asset management firm.
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Lending to Business Aviation: Don’t Wing It
As with any industry, lending to the business aviation sector comes with its own set of risks. Shelley Svoren of First Republic Bank gives readers the insider’s tips on this industry.
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Methods for Winning the Candidate on the First Interview
We tend to believe that most people who go to an interview will automatically take the job if it is offered, but many times that is not the case. It is important to remember that while you are interviewing the candidate, the candidate is also interviewing both you and the company. Just as the company has a checklist of what it is looking for, so does the candidate. Here is a guide to some of the most tried and true ways for an interviewer to ensure a ‘Yes!’ from a candidate after only one interview.
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Citizens Financial Group Expands Corporate Finance Team with Trinity Capital Acquisition
Citizens Financial Group, Inc. [NYSE: CFG] today announced a definitive agreement to purchase the assets of Trinity Capital, a Los Angeles-based advisory firm that delivers a range of financial services to commercial clients. This transaction, which follows several other recent moves by Citizens to add key talent and solutions, further strengthens Citizens’ growing advisory capabilities.
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Three Keys to a Successful Workout
Given the relatively low levels of outstanding loan balances and the macro-economic environment over the past couple of years, the number of borrowers/loans that have ended up going into ‘workout’ have been few and far between. PKF Clear Thinking executives provide details on what is needed for a workout to succeed for both lender and borrower -
Crestmark Provides More Than $46 Million in Commercial Financing to 46 Businesses in the Second Half of February
Crestmark secured a total of $18,850,000 in ABL financial solutions for eight new clients; Crestmark Equipment Finance provided $18,987,216 in six new lease transactions; Crestmark Vendor Finance provided $3,443,354 in 30 new lease transactions; the Joint Ventures group provided $3,775,680 in one new transaction; and the Government Guaranteed Lending group provided $1,020,000 in financing for one new client in the second half of February.
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AloStar Capital Finance Rebrands as Cadence Business Finance
Cadence Bank today announced the rebrand of AloStar Capital Finance, a division of the bank that provides asset-based lending (ABL) and specialty finance solutions, to Cadence Business Finance (CBF). Along with its new name, logo and website, the rebrand introduces new leadership and a realigned business focus to better serve the growth and operational needs of performing middle-market businesses.
Norbert “Norb” Schmidt has been appointed executive vice president and director of capital finance of Cadence Business Finance.
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The Stoic Lender
I love the study of Stoicism and apply it daily. Marcus Aurelius (Roman emperor from 161 to 180 and a stoic philosopher) wanted us “to bear in mind constantly that all of this has happened before and will happen again.” We might think we are in unique times, that no one has ever gone through what we have gone through, but that is false. We lived through the Great Recession, but before that there was the Great Depression. The COVID-19 pandemic is not even close to being the worst plaque to strike humanity (Marcus Aurelius lived during a horrific plague that killed 18 million people, including his own children). Political turmoil and nationalism; let us not forget World War II, the Civil War and many other wars before that. What defines us is not the age we live in, but what WE do when faced with these trials. -
SFNet Responds to Main Street Lending Program Guidance
In a letter to Treasury Secretary Steven T. Mnuchin and Federal Reserve Chairman Jerome H. Powell, SFNet CEO Rich Gumbrecht provided recommendations to help facilitate the objectives of the newly introduced Main Street Expanded and New Loan Facilities as set out by the Federal Reserve. Given that many of the potentially eligible borrowers who would benefit from the Programs have existing collateralized debt, SFNet reasoned that it is critical that the Programs specifically address the relationship between existing secured loans and the additional loans provided for in the Programs. The inability to do so would “limit access to this critical source of capital, imperiling jobs and jeopardizing economic recovery”. The benefit of clarifying and amending these protections would “mitigate the current economic hardship being experienced by [Main Street companies] and bolster this critical part of the capital supply chain”. SFNet further positioned that non-depository lenders should be eligible lenders to maximize the benefit of the Programs.
Click here to view the letter.
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Eric Huff Joins S&T Bank as Director of Asset-Based Lending
S&T Bank has named Eric Huff as senior vice president, managing director of asset-based lending.
With over 25 years of experience in financial services, most recently as the senior regional director and business development officer at Huntington Bank, Huff brings a wealth of knowledge and experience. In his role at S&T Bank, he will be responsible for the ongoing sales and growth of the bank’s asset-based lending portfolio.
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Amerisource Business Capital Announces Acquisition of Two Specialty Finance Businesses from MidSouth Bank
Amerisource Business Capital announced the acquisition of two specialty finance business units from MidSouth Bank, based in Lafayette, Louisiana. The two acquisitions included loan portfolios of over 1200 commercial borrowers. In conjunction with the acquisition, three key members of the specialty finance units have joined Amerisource Business Capital and are based in Amerisource’s new office in Lafayette, Louisiana.
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Eyes Wide Shut – The ABL Industry Predicted the Bubble Bursting
When the credit markets dry up only a few will understand how it happened. The few that are in the know – and saw it coming - are bank-ABL industry executives who are pushing credit executives in C&I to properly risk-rate and downgrade marginal credits and transfer to ABL. Risk-rating models and politics in a bank can be subjective, not forward looking and can be interpreted with the goal of keeping clients in C&I, especially when meaningful P&L income is at risk.



