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Legislative and Legal Update
New York State Senator James Sanders, Jr. (D-Queens, New York) has introduced a bill (S 6688) in the New York State Senate, which is presently pending before the Senate Committee on Rules. The bill would require the licensing by the Superintendent of Banking of the New York State Banking Department (“Superintendent”) of persons or entities engaged in the business of making or soliciting commercial financing products to businesses located in New York State.
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Republic Funds $3.5 Million Ledgered Line of Credit Facility for QX Logistix in partnership with the Azadian Group and Change Capital
Republic Business Credit works with the Azadian Group and Change Capital to provide flexible growth capital during the coronavirus pandemic.
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LIBOR Phase-Out: Considerations for Oil & Gas Companies
With over $370 trillion of global financial contracts referencing LIBOR (London Inter-bank Offered Rate), many oil and gas companies are curious about how the phase-out of LIBOR by 2021 could impact their organization. Many companies are beginning to ask how this transition will impact their organization and what steps can be taken now. The following is a discussion of:
- why LIBOR is being phased out;
- the transition plan for the phase-out;
- items companies should consider; and the steps that can be taken now.
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Deloitte M&A Trends Report 2020: US Dealmaker Optimism Holds Strong as Economic Slowdown Talk Continues
Greater focus placed on domestic deals, albeit majority of U.S. M&A leaders acknowledge that capturing full deal value is a growing sore spot.
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Collateralization and Covenant Management in Unprecedented Times
The COVID-19 pandemic continues to wreak havoc across the country. Millions of small businesses are struggling, with many having closed and others on the verge of shuttering.
A recent Harvard Business School survey of 5,800 businesses reveals the median business with $10,000 or more in monthly expenses usually lacks sufficient ready cash to cover two weeks of spending.
Not surprisingly, small business defaults are up considerably. From roughly two percent of small business debt last year, they now consist of 2.7 percent of small business debt. The future does not look bright. By 2021, default rates may rise to as high as five to six percent, according to models.
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It’s All About the People
There are few individuals more genuinely positive and upbeat than SFNet’s own Michele Ocejo. On her 30th anniversary of joining SFNet, I took the opportunity to sit down with our heralded but unassuming director of communications and discussed the importance of relationships, making an impact, and the joy she gets from sharing people’s stories. -
Germany has a new restructuring law (StaRUG)
The new Company Stabilisation and Restructuring Act (StaRUG for short) entered into force on January 1, 2021. It is based on a European directive on the introduction of a pre-insolvency restructuring procedure, which was adopted in June 2019.
The intention is to facilitate early restructuring of companies and in any case before insolvency occurs. The idea is to avoid the disadvantages of insolvency - a possible loss of reputation and high costs for the affected company, disruption to trade and to safeguard employment.
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Melinda Fricke Joins Pacific Western Bank as SVP, Business Development Officer for Asset-Based Lending in North Texas
Pacific Western Bank is pleased to announce that Melinda Fricke has joined the Bank as a Senior Vice President, Business Development Officer on its asset-based lending team. She will be located at the Bank’s Plano, Texas office. Melinda will expand the Bank’s efforts to deliver asset-based lending solutions to middle-market businesses in North Texas, Oklahoma, Arkansas and Louisiana.
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CBL Continues its Growth Hiring a Trio of Industry Veterans
Context Business Lending, LLC ("CBL") a family office-backed leading, national asset-based lender, announced today a trio of experienced new hires with the addition of Rebecca Smith, Sherrill Hornett and Veronica Griffin. Each are industry veterans known for their customer-centric approaches to ABL and provide expertise critical to the continued growth of CBL's portfolio.
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KKR Boosts Private Credit Team as Its Asset-Based Lending Grows
KKR & Co. expanded its global private credit team with two hires to further its reach within asset-based financing and secured lending.
The firm tapped Giacomo Picco and Stephanie Yeh as managing directors. Picco will lead a new effort focused on so-called receivables and inventory-backed debt, while Yeh will co-lead sourcing of ABF investment opportunities in the U.S., according to a statement viewed by Bloomberg. Both will be based in New York.
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A Viable Alternative to the Bankruptcy Process for Struggling Companies
It is an unfortunate reality that, as the economic repercussions of the COVID-19 pandemic continue to be felt, an increasing number of businesses will face financial and operational distress. For many of these businesses, bankruptcy may be an appropriate or necessary path to restructure their balance sheets. However, it is not the only option and lenders must keep that in mind as companies increasingly default under their credit agreements.
Bankruptcy can be an extremely useful tool for restructuring a company, but can also be expensive, lengthy and frustrating. That’s why more lenders are considering a Strict Foreclosure process executed under Article 9 of the Uniform Commercial Code. This strategy can offer many of the same benefits as a bankruptcy filing while requiring less time and fewer financial resources. In order to properly assess the benefits and risks of this approach, lenders must have a firm grasp on what it entails, when best to use it, as well as how to manage people throughout the process.
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Citizens Expands Capabilities by Adding Insurance Industry Banking Expertise
Citizens Commercial Banking has hired two senior bankers as it increases its commitment to its financial institution and insurance industry clients. Peter Wesemeier, based in Atlanta, and Ben Los, based in Chicago, have joined Citizens as managing directors and will work with Boston-based David Bosselait as financial and strategic partners to Citizens’ existing and new financial institution and insurance industry clients.
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MidFirst Business Credit Announces the Addition of new Senior Vice President, Business Development Officer
MidFirst Business Credit, Inc., is pleased to announce the addition of William “Bill” Bogatay as senior vice president, business development officer. Based out of Dallas, Texas, Bill will assist with originating senior secured debt facilities for companies throughout the Southwest, including, Texas, Oklahoma, Louisiana, Arkansas and Kansas.
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Ares Management Corporation Closes $3.7 Billion Pathfinder Alternative Credit Fund
Ares Management Corporation (“Ares”) (NYSE: ARES), a leading global alternative investment manager, announced today the final closing of its Ares Pathfinder Fund, L.P. (together with its parallel vehicles, “Pathfinder” or the “Fund”). With $3.7 billion in total commitments closed, the Fund was significantly oversubscribed at its hard cap and exceeded its original target of $2.0 billion.
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Helios Technologies Upsizes Credit Facilities to $900M
Helios’s senior secured credit agreement was provided by a syndicate led by PNC Bank. The five-year agreement amends the Company’s previous credit agreement and consists of a $400 million revolving credit facility, a $200 million term loan and, subject to new or existing lenders agreeing to participate in the increase and other customary conditions, a $300 million accordion feature. These credit facilities provide Helios with a significant increase in its borrowing capacity with an improved structure and attractive interest rate options.
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Knowledge at Wharton Podcast: Lessons from the Silicon Valley Bank Collapse
Wharton finance professor Itamar Drechsler discusses what led to the collapse of SVB and the questions it raises for banks, depositors, and regulators going forward.
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SFNet Annual Convention Highlights - Master Disruption and Charge Ahead in 2023 (With Some Caution)
SFNet’s Annual Convention was held in Austin from November 9-11. This article provides an overview of the key topics addressed.
Listening to Convention keynoter Peter Zeihan’s geopolitical perspectives is a reminder of the many global and economic disruptors possible and all that one can’t control. However, in keeping with the event’s theme of "Mastering Disruption, Putting Capital to Work in the New Global Environment,” the breakout sessions triggered healthy discussion about what a new global environment for lending could look like, how data could be more strategically used to protect cross-border interests or prevent fraud, and how new supply chain models are forming. The factoring and asset-based lending sessions presented ways to master their markets while facing recessionary headwinds.
Besides the many opportunities to network with peers and clients, attendees in Austin, TX, could absorb others’ views on economic conditions affecting the industry and dive into niche topics of strategic importance.
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Asset-Based Capital Conference Feb. 4-5 To Explore Lending Market Shifts, 2020 Economic Outlook
Current headwinds affecting asset-based lending (ABL) portfolios and emerging opportunities and challenges in various industry sectors are on the agenda at the Secured Finance Network (SFNet) Asset-Based Capital Conference 2020 Feb. 4-5 in Las Vegas.
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CIT Northbridge Serves as Sole Lead Arranger on $20 Million Secured Credit Facility for Laurel Grocery
CIT Group Inc. (NYSE: CIT) today announced that CIT Northbridge Credit, as advised by CIT Asset Management LLC, served as sole lead arranger on a $20 million senior secured credit facility for Laurel Grocery Company LLC.
Headquartered in London, Kentucky, Laurel Grocery is a wholesale distributor of grocery products to more than 160 independent grocers in Georgia, Indiana, Kentucky, Ohio, Tennessee and West Virginia. The company, founded in 1922, also provides a range of business services, including accounting, insurance, merchandising, advertising and third-party warehousing and logistics.
Proceeds will be used to repay debt, finance growth initiatives and support ongoing operations.
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Secured Finance Executives Discuss the Impact of Coronavirus
Jennifer Palmer, CEO, Gerber Finance, Paul Schuldiner, executive vice president and purchase order finance division manager, Rosenthal & Rosenthal and Ken Wengrod, co-founder/president, FTC Commercial Corp. discuss the impact of Coronavirus.



