Articles

New accounting standards for leases can have unintended consequences on debt covenants and financial ratios in credit agreements. Under the new rules (Accounting Standards Codification Topic (“ASC”) 842 and International Financial Reporting Standard (“IFRS”) 16), nearly all operating leases, in addition to finance leases (formerly, capital leases), are required to be recognized as a liability on the balance sheet of a lessee if the lease term is greater than twelve months.

Executives from Gordon Brothers offer tips for recovery in this complicated global environment.  By Duncan Ainscough, Fenton Healy, and Rafael Klotz

Rick Burke of TD Bank discusses the results of TD’s recent blockchain survey. When it comes to the technology’s specific capabilities and implications, finance professionals are divided: blockchain will create stronger audit trails (29%), speed up payment processes (22%), improve efficiency of cross-border payments (21%) and reduce payments fraud (18%).  TD’s survey also revealed a conundrum in the treasury world: Faster and real-time payments are coming soon, but organizations still have obstacles to implement them.  By Rick Burke

Lenders are entering a brave new world in which U.S. tax law may no longer be an impediment to taking foreign guarantees and collateral and a pledge of 100% of the stock of a foreign subsidiary.  By Angela Batterson and Adela Woliansky

Allen Frederic is a co-founder of Republic Business Credit with over 45 years of commercial banking, asset-based lending, and factoring experience. He previously founded another New Orleans-based factoring company after serving as president of a New Orleans bank. By Michele Ocejo

Disruption seems to be affecting every sector and the furniture industry is no exception. Mark Bannon of Tiger Group explains why lenders should consider furniture retailing borrowers.  By Mark Bannon

By now, many lenders have heard of the steps taken by J. Crew to remove its valuable intellectual property from the collateral securing its term loans and asset-based credit facilities through a clever (although disputed) use of the transactions permitted under the negative covenants included in the credit agreements governing such credit facilities (the “baskets”).

Moshe Cohen, president and founder of The Negotiating Table, Inc., provides negotiations strategy advice that can be used in all aspects of life.  By Moshe Cohen

A storm of uncertainty can arise around the distinction between transportation brokers, carriers and third-party logistics providers and the potential for constructive trust claims by unpaid carriage contractors. Navigating the risk these claims present has become a pressing issue for lenders in the trucking industry, particularly when financing traditional carriers that also have brokered operations. By Wade M. Kennedy

Marc Heller is president of CIT Commercial Services, one of the nation’s leading providers of factoring and lending services to the apparel, textiles, furniture, home furnishings, housewares, consumer electronics and consumer products industries.  By Michele Ocejo

Paul Schuldiner of Rosenthal & Rosenthal discusses the future of factoring, including how traditional factoring has adapted to address new challenges in the current retail environment.  By Paul Schuldiner

For factors, 2018 was a very solid year for business, with many in the industry experiencing growth across all regions and specialties, whether organically or through acquisition. Despite the good news, industry leaders do note that competition remained fierce, and they predict more of the same for the year ahead. Banks continue to be highly liquid, and independent factors are likely to see additional pressure from regional and community banks.  By Myra Thomas

Sitting in my office at Hilco Valuation Services on a brisk March day earlier this year, I put the phone down and headed into the hallway to share some surprising information with a colleague. That day alone, I had received three separate inquiries from around the U.S., all pertaining to potential valuation and liquidation engagements within the Motor Coach industry. By Bryan Courcier

If you’re like most of us, we try to stay organized in business and life, but it gets increasingly complicated…

Every personal trainer and athletic coach I have ever worked with has stressed the importance of stretching.  When working out…

Moderator: Samantha Alexander, regional underwriting manager, Wells Fargo Capital Finance’s Corporate Asset Based Lending group and 2016 CFA 40 Under…

The Secured Finance Network brought together the next generation of commercial finance leaders for a full day of learning and…

In June 2018, the Second Circuit denied senior noteholders’ claim of entitlement to asserted make-whole claims in Apollo Global Mgmt., LLC v. Bokf, NA. This decision serves as a cautionary tale to lenders and underscores the importance of careful attention to both drafting and enforcement of loan documents.  By Theresa A. Driscoll

From cryptocurrencies to smartphone apps, the growing FinTech industry spans an increasingly wide range of innovation and technology. Since emerging as back-end support for established financial institutions in the 2000s, FinTech has evolved to include investment portfolio management, blockchain technology, smart contracts, roboadvisors, mobile banking, lending platforms, and so much more.  By Eva Chaleff

A leading researcher, author and advisor in the fields of leadership and inclusion, Dr. Arin Reeves discusses the results of recent research focused on the interruption of women and measures we can all take to decrease the frequency of this in our own organizations. By Dr. Arin N. Reeves