Articles

Jude Baldo is an associate in the Global Finance group of Sidley Austin LLP, a global law corporate law firm. He is responsible for counseling clients in complex financings across a broad spectrum of platforms, industries, and asset types, including lending and securitization transactions, both domestically and internationally.  Prior to embarking on his legal career, Jude was an associate vice president for a software as a service company, where his experiences with cross-border technology regulations led him to law school. Jude graduated a Regents Scholar from the University of California, Los Angeles and from Northwestern Pritzker School of Law with a JD.

Jude resides in Illinois with his wife, their newborn, and their French bulldog, Celine.

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SFNet’s CEO submitted a  letter to US Treasury Secretary Mnuchin and Administrator Carranza of the Small Business Administration, seeking affirmation of eligibility of non-bank lenders under the CARES Act. The letter seeks to further ensure that non-bank lenders are afforded all available protections under the Act as regulations are now established and implemented.  

(Editor’s note: Subsequent to this letter, the SBA has issued its ‘Interim Final Rule’ that makes businesses identified in 13 CFR 120.110, which includes financial services companies, ineligible for the Paycheck Protection Program.   SFNet will be seeking any recourse available to press the SBA to amend this position)

As the Secured Finance Network celebrates its 75^th 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. But that educational content must stay dynamic, updating foundational courses and offering new and compelling material to deal with current business challenges. SFNet’s new initiative, Education Focus 20/20, supported by the Secured Finance Foundation, brings that vision to life.

Gordon Brothers, the global advisory, restructuring, and investment firm, announced today the appointment of Steven Holstein as Head of Business Development.

As Head of Business Development, Holstein will be responsible for building, driving, and leading global business development, including research, sales, and marketing strategies.

SFNet’s fourth annual Women in Secured Finance Conference attracted over 300 attendees for two days of inspiring (virtual) sessions featuring senior executives who shared their perspectives on leadership and communications while heading teams virtually and managing changes wrought by the COVID-19 Pandemic.

The consensus: Workers will not be returning to how it was even after a viable vaccine for the COVID-19 virus becomes available. Many of the speakers – women in top management, who are accustomed to being in the office, travelling, and meeting face-to-face with teams and clients—spoke about remote work challenges. They also offered creative ideas to ensure employees feel embraced during this challenging time.

MDC Partners Inc. (the "Company") (NASDAQ: MDCA) today announced that the Company has amended its existing senior secured revolving credit facility with Wells Fargo Capital Finance, LLC, as agent, extending the maturity date to February 3, 2022.

Factoring is an age-old form of financing providing companies with much-needed cash.

It takes money to make money, as any business owner knows. But many small businesses also know what it’s like to be turned down by a bank for a loan or line of credit, not get as much as they need, or simply not get the cash quickly enough to take advantage of an opportunity.

Some of the companies hit hardest by the Covid-19 coronavirus are starting to talk to banks about short-term loans that would provide a safety net during the outbreak, according to people familiar with the matter. Discussions are preliminary and have occurred mostly with airlines, said the people, who asked not to be named discussing private information. Companies in industries such as energy and travel and leisure with investment-grade or high-yield ratings could also consider backup financings, they added.

On April 30, 2020, the Federal Reserve updated its Main Street Loan Program (“MSLP”) terms based on thousands of comments (including comments from Secured Finance Network) submitted since the program was initially announced on April 9, 2020.  Several important updates were made to the MSLP, though many changes of interest to asset-based lenders were contemplated but not fully developed in this new guidance.[1]  In particular, asset-based lenders will likely need to consider the impact of MSLP terms described below on existing financing structures, such as the pari passu treatment of collateral, which could dilute existing lender security in some cases, the continued reliance on EBITDA and risk ratings as metrics for determining borrower eligibility and the restrictions on assignments by MSLP lenders.

SFNet’s recent Virtual International Lending Conference offered insight on the effects of the COVID-19 crisis from geopolitical risk consultant, David Chmiel, co-founder/managing director, Global Torchlight; Marc Finer, director, Debt Advisory Group, KMPG LLP; Scott Fuller, director, Valuations, Gordon Brothers; Richard Hawkins, CEO, AtlanticRMS and Robert Horak, managing director, Lincoln International.  David Morse, partner, Otterbourg P.C. and Richard Kohn, principal, Goldberg Kohn Ltd. served as conference moderators.

This article analyzes the conflict between federal and state marijuana laws, and its impact on the inability of state-legal marijuana businesses to obtain traditional and fundamental types of banking services from federally insured banks. The article is divided into three parts: (i) an explanation of the conflict of state and federal marijuana laws; (ii) the effect of the conflicting laws on the decision of banking institutions to provide services to state-licensed marijuana businesses; and (iii) congressional and judicial attempts to resolve the conflict between state and federal marijuana laws.

Kurt Marsden is the executive vice president and head of Wells Fargo Capital Finance, which provides traditional asset-based lending, equipment financing solutions, and specialized junior and senior secured lending to companies in the U.S., UK, and Canada.

Kurt joined Wells Fargo in 1992 through Capital Finance’s predecessor Foothill Capital Corporation, and has held many leadership roles in originations, portfolio management, and credit during his tenure, spanning all aspects of the company’s asset-based lending offerings.

Kurt holds a bachelor’s degree in business administration with an emphasis in finance and real estate from California State University, Northridge. He resides in Los Angeles with his wife and two children. Outside of the office, Kurt is active in his community as the Board President of Inclusion Matters by Shane’s Inspiration, which is a non-profit focused on promoting greater inclusion for children with disabilities.

The new credit facility consists of an $80 million term loan, with a $30 million undrawn revolver. It replaces OneWater’s former $110 million facility with Goldman Sachs Specialty Lending, which included a $10 million undrawn revolver. In addition, the new credit facility will maintain more flexible covenants and terms. OneWater has elected to use excess cash to make a significant paydown of the principal amount in conjunction with the refinancing. 

Truist Bank acted as the sole administrative agent, collateral agent, swingline lender and issuing bank, while SunTrust Robinson Humphrey, Inc. and Synovus Bank acted as joint lead-arrangers and joint bookrunners. 

A New Jersey bankruptcy judge said Wednesday that he would approve the nearly $89 million Chapter 11 sale of Sur La Table's assets to a private equity venture that bested a stalking horse offer and one other bidder during an auction earlier this month.

U.S. Bankruptcy Judge Michael A. Kaplan hailed the "tremendous" result of the Aug. 6 auction leading to an asset purchase agreement with SLT Lending JV, a joint venture between CSC Generation Holdings Inc. and Marquee Brands LLC. The deal will have SLT Lending buy the Seattle-based retailer's assets for $88.9 million and assume 50 store leases, which will save almost half of Sur La Table's brick-and-mortar presence.