TSL Feature Articles

Industry ally and affinity group members and leaders share their stories and discuss how their organization’s groups began and their benefits.

How will reduced consumer spending and increased leverage cost stress manufacturing & industrial companies in the year ahead?

In an increasingly paperless world, electronic bills of lading are garnering attention as an industry choice for cross-border commercial and shipping transactions. This article provides an overview of the legal framework prescribed by Articles 7 and 9 of the Uniform Commercial Code for a secured lender seeking to perfect its security interest in electronic bills of lading.

The credit risk panel at SFNet’s 79th Annual Convention focused on challenges such as consumer headwinds, the higher cost of capital, looming refinancing deadlines, and the prospect of more downgrades, bankruptcies and defaults. Overall, though, panelists were optimistic about credit appetite and the ability to negotiate risk through tighter deal structures and more in-depth borrower and sector analytics.

TSL’s editor-in-chief sat down with key members of Holland & Knight’s ABL team, including Wade M. Kennedy, partner and co-lead of the Asset-Based Lending Team; Christopher S. Dillon, partner and co-lead of the Asset-Based Lending Team; Hamid Namazie, financial
services partner; Yoojin Lee, financial services partner; and Mark Spitzer, financial services partner. Here, they discuss H&K’s strengthening of its finance practice, how they got their start in this specialty and the threats facing lenders in 2024.

Despite economic headwinds and higher costs of borrowing, secured lenders are expecting a profitable year ahead

“Liability Management Transactions” continue to grab headlines. Companies in distress are turning to the out-of-court restructuring of their debt in ways that leave lenders who made loans on the basis of a senior secured position either with certain assets no longer available as collateral pursuant to a “drop down financing” or subordinate to new tranches of debt pursuant to an “uptiering transaction.” This article takes a look at the arguments being made in some of the litigation that has often followed on such uptiering transactions and in particular the June 2023 decision of the Bankruptcy Court in the Serta case.

Commodity producers face volatile market swings due to factors such as macroeconomics and supply chain stability, creating risks for secured lenders. Understanding each commodity’s nuances, risk-management strategies, and regulatory considerations is crucial. To navigate these challenges, secured lenders must maintain strong industry knowledge, adapt lending structures, collaborate with third parties, and balance risk and return for their clients.

Barry Bobrow is a managing director and head of credit markets for Regions Business Capital. He is a widely respected leader in middle-market leveraged finance and asset-based lending. He has spent the past 38 years working in banking, most of it as a debt capital markets professional, primarily in leveraged lending and supply chain finance. Bobrow is the creator and chairman of the Asset Based Capital Conference (ABCC), an SFNet sponsored conference focusing on the middle-market leveraged and asset-based markets, now in its 16th year. Here, Bobrow discusses his career trajectory, his outlook for the industry and his goals for SFNet in 2024. 

What are the credit needs and opportunities for today’s small-business owners? This article explores results from Pathward’s new survey. 

The capacity for a lender to take effective security over a changing pool of assets is of critical importance to the asset-based lending market. 

When a U.S. lawyer and a Dutch lawyer talk about anti-assignment clauses, each might misconstrue what the other is talking about. This is caused by differences in law. 

Courtney Jeans is executive managing director and head of Regions Business Capital. Jeans joined Regions Business Capital in January 2022. With nearly 30 years of experience in the financial services industry, his career has focused on lending activities within the middle-market and large corporate sectors in both banking and specialty finance, where he has held positions in business development, portfolio management and risk management.

Government contractors’ performance and lending requirements can change with the slightest turn due to financial regulations, acts of nature and geopolitical occurrences. Knowing you are secure in lending to, or financing, government contractors starts here.

Factoring for trucking companies and brokerages has skyrocketed in the last 10 years. An estimate on factoring company purchases is $90 billion annually. There are about 250,000 active for-hire carriers with 96 percent having six trucks or less. Factoring remains a necessary and viable tool for smaller carriers who have limited access to bank lines of credit or asset-based lenders. The transportation factoring company fills this void through the built-in elasticity of its offering – helping companies expand when the transportation industry is booming and sustain business when the industry is down. 

In May of 2022, when the author became CEO of Access Capital, the Company already had a long history of being a leading non-bank lender to the staffing industry. In this article, written with the help of Raphael Torres, head of business development, and Jessica Sanchez, director of marketing, Terry Keating will share some thoughts about the industry that he has learned through his journey over the past 18 months.

Healthcare is an industry that is constantly changing. Lenders wishing to lend into the space need to develop expertise pertaining to the unique financial needs and challenges of the sector. This article explores the opportunities to lend into this space.

The potential of securitization to meet a range of financing needs in African markets is yet to be fully realized.

In a rapidly shifting financial landscape, the Secured Finance Network's recent webinar offered a deep dive into effective business development strategies within the secured finance sector. Moderated by James Kravitz, SFNet’s business development director, the session featured prominent industry experts Lance Rosenthal, executive vice president of business development at RelPro; Jack Penzi, director of originations at Great Rock Capital; and Mitch Sterling, chief client development and relationship officer at Blank Rome.

Banks and other lenders shared a mostly positive outlook for the asset-based lending market in the first quarter, fueled by predictions of a soft landing for the U.S. economy. But they are mindful of looming regulatory changes and continue to monitor portfolios for signs of post-pandemic stress, according to data released by the Secured Finance Network (SFNet).

In the dynamic world of secured finance, maintaining an edge is paramount. To meet the evolving needs of the SFNet community, we are launching an innovative and comprehensive certification program. The Secured Finance Network’s Secured Finance Certified Professional (SFCP) Program is designed to equip individuals with the knowledge and skills, necessary to excel in asset-based lending and factoring.

Sponsored by Goldberg Kohn, the essay contest serves as a platform to discuss cross-border trends and issues and gain industry recognition. 1^st, 2^nd and 3^rd place winners will be invited to present on a panel at SFNet’s 80^th Annual Convention in Houston, TX and have their essays published in The Secured Lender magazine. The contest is open to employees of SFNet member companies. Entry is free and all submissions must be received by June 25, 2024.

SFNet’s Women in Secured Finance Conference will be held June 12-13, 2024 at  Jay Suites Midtown East, New York, NY.  An event designed to cultivate leadership skills and connect with fellow trailblazers, the Conference is geared to both aspiring leaders and seasoned professionals who are looking to make an impact and expand their sphere of influence.

Savitri Ramjohn Hussain (Savi) migrated from Guyana, South America in 1984. She is a mom of four children and has three amazing grandkids. Savi Hussain serves as the head of underwriting and senior VP at Iron Horse Credit. She comes with a wealth of industry knowledge and 25 years of experience in asset-based lending including accounts receivable finance, inventory finance, purchase order finance and supply chain finance.

"Who's on First?" is a comedy routine made famous by American comedy duo Abbott and Costello.  The premise of the sketch is Abbot comically trying to identify to Costello the names of players on a baseball team that simultaneously leads to misunderstanding and frustration between the two.  Today, there are now enough ABL products to fill an infield with the latest one, First-Out ABL, being on first. The First-Out product is simply an asset-based loan within a term loan originated by a traditional cash flow lender. 

The Secured Finance Foundation has again joined forces with NYU Stern Executive Education to bring a multi-faceted learning experience taught by NYU Professor, Nathan Pettit coupled with real-world secured finance applications. This two-day course, held in person at NYU Stern, June 11-12, will introduce attendees to a variety of analytical frameworks while simultaneously modelling tactical approaches – all with the focus on developing leadership skills.

 

On April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to finalize and issue a rule banning virtually all noncompete clauses in employment contracts with extremely limited exceptions. The rule is set to go into effect 120 days after its publication in the Federal Register, which is pending. However, as explained below, it is uncertain whether this rule will go into effect due to the ongoing legal challenges surrounding the rule.

SFNet's International Lending Conference, now in its 18^th year, will be held May 13-15, 2024, and will offer thought-provoking discussions led by experts who will explore the nuances of international transactions, and gain strategic intelligence on global economic trends. Issues surrounding private equity, private debt, syndications, restructurings, and technology in ABL will also be addressed.