Articles

Otterbourg P.C. announced today that Thomas P. Duignan has been named co-chair of the firm’s Finance Department.

Mr. Duignan represents many prominent banks, commercial finance companies and other institutional lenders in connection with a wide range of transactions. He will join co-chair David Morse in guiding a financial group at Otterbourg that is firmly established as an industry leader.

At the 2004 Athens Olympics, American air-rifle shooter Matt Emmons, the reigning world champion in the 50-meter three-position event, held a seemingly insurmountable lead.  Going into his final shot, Emmons was in first place and needed only a mediocre score to win gold.  Emmons aimed, fired, and hit his target – the wrong target, one lane over.  He received no score for that shot and finished in eighth place.  

Emmons’ mistake illustrates the importance of aiming at the right target.  In April of 2020, amid the COVID-19 pandemic, the Federal Reserve and the Treasury Department announced the Main Street Loan Program (the “MSLP”), which was designed to provide emergency liquidity to small and mid-sized businesses.  Although well-intentioned, the MSLP, like Emmons, was aimed at the wrong target, and ultimately missed the mark.

8minute intends to use the credit facility to arrange purchase power agreements and interconnection agreements associated with its development pipeline of solar and storage projects representing 18 gigawatts of power in California, Texas and the southwestern United States.

I am old enough to remember the meltdowns that we had in the 1990s when prime rate of interest hit double digits and the American economy cratered when companies folded up and went out of business. Of course, I also remember 2008-2009 when the housing crisis hit and a lot of companies went out of business and banks lost a lot of money, etc. Here we go again.  We are now in the year 2020 and sitting on the brink of another emerging crisis.

The parent company of Webster Bank announced Monday it would merge with the parent company of Sterling National Bank in an all-stock deal worth about $10.3 billion.

The new company will locate its headquarters in Stamford — an agreement that marks the second blockbuster transaction this year for Connecticut’s banking sector.

Waterbury-based Webster Financial Corp.’s union with the Pearl River, N.Y.-based Sterling Bancorp would create a bank with about $63 billion in total assets, $52 billion in deposits and more than 200 branch locations in the northeast U.S. The merger is expected to close in the fourth quarter of 2021.

Interview with Betty Hernandez, chair of SFNet’s Diversity, Equity and Inclusiveness Committee.

The Secured Finance Network has hired Morten Kucey as Chief Value Officer, a newly created position. Prior to joining the SFNet team, Morten served as Senior Managing Director, Head of Corporate Development for SB360 Capital Partners, LLC.

Antonio McKinney is a business intelligence analyst with over 10 years of professional sales, workforce management and factoring experience. Antonio is an HBCU alumni, hailing from Langston University with a bachelor’s degree in Business Management. He currently works for TBS Factoring, LLC as the embedded analyst for the accounting division. Antonio resides in Oklahoma where he enjoys spending time with his wife and their 8-month-old daughter.

From Disruption to Transformation. SFNet Responds to Meet the Needs of the Industry

U.S. health officials say Americans should wear masks in public to combat the coronavirus. Financial support by CIT Group Inc. (NYSE: CIT) is helping two California apparel makers create masks that protect with style. Sanctuary Clothing and Karen Kane, both Los Angeles-based clients of CIT's Commercial Services business, have rolled out stylish face masks that can be worn by consumers to provide another layer of protection against COVID-19 transmission when out in public. Both clothing companies are using proceeds from sales of fashion masks to help finance donations of masks to hospitals and other healthcare facilities.

Brooke Iley counsels and defends domestic and foreign corporations in all areas of employment and labor law compliance and litigation, including wrongful termination, discrimination, harassment, wage and hour class and collective actions, trade secret disputes and data protection, and alleged fiduciary breaches. She represents clients in negotiations, litigations, and arbitrations nationally in these areas.

Capstone Headwaters (“Capstone”), a leading middle market investment banking firm, announced it has completed the acquisition of Amherst Consulting LLC (“Amherst”) as part of a continued plan to grow the company’s Financial Advisory Services (“FAS”) group.

The announcement marks the latest development in a multiphase strategy Capstone unveiled this past December with the addition of several new FAS professionals based in various locations, including Denver and Canada. The newly acquired Amherst team will be led by Sheldon Stone and Scott Eisenberg who are joining Capstone’s FAS Group as Managing Directors and will continue to be based in Michigan.

Monroe Credit Advisors (“Monroe Credit”) announced that Marc Pressler has joined the firm as a Managing Director in its Chicago office. Marc will be responsible for originating middle market debt and lease transactions for the firm.

Marc has over 30 years of experience in commercial banking and structured finance. Prior to Monroe Credit, Marc was the Commercial Banking Segment Leader at Associated Bank, where he was responsible for leading the origination, underwriting and portfolio management teams in the Southeast Wisconsin region. 

While the PPP loans have provided necessary working capital for many businesses to survive the economic impacts of Covid-19, as those funds have been used and payment deferrals have expired, companies are looking to enter into M&A transactions. When a company has a PPP loan the M&A process is further complicated for the company and its lender.

On October 2, 2020 the SBA issued a Procedural Notice to provide guidance on the notification and consent requirements for changes in ownership of companies with PPP loans. The usual SBA 7(a) loan requirements are to obtain consent of the SBA prior to a lender approving a change in ownership. This October 2 guidance was meant to clarify what the SBA would expect specifically related to PPP loans and change of ownership.

As pandemic impacts continue to mitigate, many financial institutions are now reducing their risk forecast for loan defaults. The upbeat sentiments are welcome but the times remain unprecedented, and uncertainty remains on what lies ahead.

Today, more than ever, lenders are focused on minimizing their risks when entering a financial transaction.

Two key components in the lenders’ due diligence process when entering a transaction are conducting consensual and non-consensual lien searches and filing a UCC1 against the borrower.