TSL Feature Articles

Finding the right combination of capital resources and strategic knowledge in the sale and restructuring of a business is complicated; but when it works, this seemingly magical process of transformation creates incremental value for all constituents involved in the bankruptcy process. Take the case of Armstrong Flooring, and three affiliated companies, that each filed petitions in the United States Bankruptcy Court for the District of Delaware seeking relief under Chapter 11 on May 8, 2022.

Since the DEI “field” is a potpourri of research, advocacy, political ideations,
and personal perspectives from multiple fields, it is difficult for people to know which sources of information to trust. One of the latest urgent fascinations that has captured our collective attention is “DEI Fatigue.”

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.

Ranked for the last six years in the Top 50 Business Thinkers in the world by Thinkers50, Tiffani Bova is a thought leader who Forbes says “reshapes our perception of growth.”

Middle market private companies in the Golub Capital Altman Index grew earnings by 8% during the first two months of the third quarter of 2024. Revenue grew 5% during the same period.

Stephen Schwartz heads underwriting for the Supply Chain, Trade & Channel Solutions group covering Key Accounts Purchase, Supplier Finance, Accounts Receivable Securitization, International Factoring Commercial Services, Inventory Finance, Channel Finance and Equipment and Vendor Finance floor planning. Here, he discusses how companies are navigating supply chain challenges particularly in light of the U.S. port strikes.

The Secured Finance Network (SFNet) Member Directors have elected and the Executive Committee has approved the FY25 SFNet Management Committee and Executive Committee members. In addition, the Secured Finance Foundation (SFFound) Member Donors have elected and the SFFound Board has approved the FY25 SFFound Board and Officers.

With the 2024 Olympics behind us, the next games are scheduled for Los Angeles in 2028. For those spectators enthralled with the world-class athleticism, success seems to be determined largely by medal count (and media coverage).  As I enjoyed the games, I pondered how the lending, PE, and investing sectors are closer to the Olympic athletes than one may think.

The SFNet Mentoring program, sponsored by the Secured Finance Foundation and the SFNet DEI Committee, has become a cornerstone of professional growth and community building within our industry. In this interview, we highlight the journey of Emily Neuherz, senior associate, Capital Foundry and a passionate advocate and past mentee of the program. Emily’s experience not only underscores the immense value of mentorship but also serves as a testament to the transformative impact it can have on career development. Through her story, we hope to inspire both new potential mentees and mentors to join our upcoming Fall iteration, and embark on a path of mutual growth, learning and success.

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.