The introduction of the novel coronavirus pandemic into the global economy starting in late 2019 created a level of disruption not seen perhaps since the world’s last major conflicts.  As we move through what we hope to be the later stages of the pandemic, we thought it might be helpful to explore its impact on the trade credit insurance marketplace and highlight what we can anticipate in the months and year ahead.

Throughout the world, surges in cases of the virus caused a significant portion of the global economy to shut down in a manner that was/is unprecedented in recent history.  This significant curtailment of economic activity brought most of the service sector (travel and leisure, entertainment/restaurant industry) and a big segment of the manufacturing sector to either grinding halts or intermittent disruptions.  Consumer demand dropped and unemployment spiked.  As economies reopened, rebounds were relatively sharp, but left many countries still well below prior levels of economic activity and currently, a second round of lockdowns continues to beleaguer a good number of countries.

Armstrong Teasdale partners provide lenders with up-to-date information on the complexities of lending to the legalized marijuana industry.

Perhaps the most frequently asked question by growth-oriented lenders is “How and when can we lend into the rapidly growing and already major industry of legalized marijuana?”

The answer is: “It is not so simple.”

SFNet values its members’ input and feedback as it helps shape priorities and drills down to focus on what matters most. Results from SFNet’s Annual Membership Survey, completed earlier this year, were very positive, with 90% of SFNet members reporting they’d recommend SFNet to friends and colleagues and two thirds reporting SFNet’s response to the pandemic has been better than any other association to which they belong.

In fact, our association has seen our Net Promoter Score (a key measure of loyalty) steadily increase over the past three years, up 37 points since 2018 and well above trade association averages. Results also gave us ideas for areas of improvement, and SFNet is taking on several new initiatives in response to this. This article will break down the membership survey results and what the Association has planned for the remainder of 2021.

Piper Sandler & Co. acted as financial advisor to Banc of California in the transaction and delivered a fairness opinion to the Board of Directors of Banc of California. Sullivan & Cromwell LLP served as legal counsel to Banc of California. Keefe, Bruyette & Woods, Inc., a Stifel Company, acted as financial advisor to Pacific Mercantile and delivered a fairness opinion to the Board of Directors of Pacific Mercantile. Sheppard, Mullin, Richter & Hampton LLP served as legal counsel to Pacific Mercantile.

Greensill Capital is a UK-based commercial finance company which filed for bankruptcy protection in early March. The company had focused on providing financing to companies using supply chain financing and other related receivables finance services. 

The bankruptcy appears to have been the result of a combination of factors: unusual underwriting practices (by Greensill, their primary financier and their credit insurer); the cancellation of their credit insurance policy; the cessation of their source of financing by their largest funder and financial intermediary;  related party transactions inclusive of financing, as well as obtaining financing from one of their investors and in turn using such funding to finance the investor’s own affiliates.

While the final outcome remains to be seen in the ongoing saga, it is clear the circumstances are not typical for a supply chain finance institution. 

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.

To say a lot happened in 2020 doesn’t begin to capture what the year brought. In the economy, this included a significant increase in Chapter 11 filings for larger businesses from filings in 2019, particularly in retail. And for asset-based lenders it included a significant shift in their role in the larger bankruptcies. Asset-based lenders faced real challenges how to best protect their position and enhance the likelihood of a successful outcome. Confronted with a landscape that requires a new map to navigate, we look at what happened, how it happened and, most importantly, what should (or can) the asset-based lender do about it?

Otterbourg P.C. announced today that James M. Cretella has been named Chair of the firm’s Alternative and Specialty Finance Practice Group.

“His leadership qualities are equally impressive, and we are pleased that he will chair this expanding practice area.”

A member of the firm’s Finance Department, Mr. Cretella represents lenders, factoring companies and prominent financial institutions, as well as borrowers, in a variety of lending, factoring and corporate transactions.

Andrew (Andy) Cerussi has joined Tiger Financial, LLC as a Managing Director. Tiger Financial is an affiliate of Tiger Capital Group, the asset valuation and financial services firm.

From his base in Tiger's Boston office, the 20-year veteran of the asset-based lending and financial services industries will focus on identifying both secured debt financing and equity capital opportunities.

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.