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Advocacy Alert: "Stop Wall Street Looting Act of 2021"
Certainly, many people have heard about the “Stop Wall Street Looting Act of 2021”, the dramatically titled shot at the private equity business publicized by Massachusetts Senator Elizabeth Warren, introduced in the House and the Senate on October 20, 2021. Given so many other major (and controversial) legislative initiatives, the bill does not seem to be gaining much traction—for now. At the same time, while the secured lending industry makes a lot of loans to businesses owned by private equity firms, the headlines around the proposed legislation do not suggest any direct impact on secured lenders. The bill certainly addresses matters relating to the private equity industry, with sections titled “Closing the Carried Interest Loophole”, “Restrictions on Securitizing Risky Corporate Debt” and other provocative terms, like “Anti-Looting” and includes sections providing for limitations on post-acquisition dividends and distributions as part of a reworking of basic principles of corporate law.
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Post-Crisis Field Examinations
Significant disruptions in credit quality have facilitated the need for field examiners to be on alert for situations that are generally not prevalent in a more stable environment.
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Siena Lending Group LLC Closes a $9 Million Credit Facility for Health Subsidiaries Human Touch and Relax the Back
Siena Lending Group LLC (“Siena”) announces the closing of a three-year $9.0 million revolving credit facility for the subsidiaries of Interactive Health, Inc., Human Touch LLC and Relax the Back Corporation. The asset-based credit facility was used to refinance existing debt and provide additional working capital to support business growth.
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Siena Lending Group Strengthens DIP & Exit Financing Capabilities, Adds Samuels to Team
Siena Lending Group LLC ("Siena") announced today that it has reinforced its focus on special situation financing with the hiring of Geoffrey Samuels, VP – New Business Originations. With a committed focus on special situations including Chapter 11, DIP and exit financings, Samuels will be based in Charleston, SC and report directly to Nick Payne.
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UCC Insights - Looking For A Better Mouse Trap? Article 9 Sales Spring To Action.
The time and cost of liquidating collateral can often be prohibitive and is always a nuisance. Of course, this problem is exacerbated when the asset value is less than the balance owed to the secured creditor(s), leaving no value for unsecured creditors. Lenders often step up and carve out an amount to be distributed to unsecured creditors to enable a Chapter 11 to proceed to effect a sale of the debtor’s assets free and clear of liens. Some consider this to be a price to be paid by secured creditors for the privilege of utilizing the bankruptcy court to sell their collateral. Thus, the cost of a bankruptcy can be very expensive not only to the debtor, but also to the secured lender. As a result, small and middle-market companies and their lenders have grown receptive to non-bankruptcy vehicles for the disposition of assets.
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SFNet Q3 Asset-Based Lending Index Analysis
The Q3 2020 Asset-Based Lending Index reflects improving confidence for lenders, fears of a double-dip downturn subsiding, and exhibits the continuing impact of PPP funds distributed in April. The U.S. economy rebounded during Q3 as lockdowns subsided, leading to a GDP surge of 33%. This growth had a clear impact on portfolio health with non-accruals, special mention, and write-offs reducing quarter over quarter.
While sentiment from both bank and non-bank lenders was more positive from Q2, the overarching theme of Q3 can be told by the continued decline in utilization for both bank and non-bank lenders alike. Bank groups set their lowest level in the five years since these figures were collected by SFNet, with 75% of banks reporting decreases. Non-bank usage reduced slightly over the previous quarter but are back to levels not seen since the first and second quarter of 2017.
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The Greensill Controversy: SFNet Members Weigh In
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. -
EPSG Enters into Revolving Credit Facility with People’s United Bank and Adopts their eTreasury + Business Online Banking System and Wire Transfer Service
EPSG, a leading integrator of payment technology solutions, announced today that it has entered into a revolving credit facility (“The Credit Facility”) with People’s United Bank (“People’s United”), N.A., a subsidiary of People’s United Financial, Inc. PBCT, -0.52%, and has adopted their eTreasury + Business Online Banking System and Wire Transfer Service (“Platform”).
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Golub Capital BDC, Inc. Announces New $475.0 Million Senior Secured Revolving Credit Facility
Golub Capital BDC, Inc. (the “Company”, “we”, “us” or “our”) a business development company (Nasdaq: GBDC), today announced the closing of a new senior secured syndicated revolving credit facility (the “Facility”). The Facility is led by JPMorgan Chase Bank, N.A. and includes a total of six bank participants.
The Facility closed on February 11, 2021. Under the Facility, the lenders have agreed to extend credit to us in an initial aggregate amount of up to $475.0 million in U.S. dollars and certain agreed upon foreign currencies with an option to request, at one or more times, that existing and/or new lenders, at their election, provide up to $237.5 million of additional commitments.
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Revlon Decision Leads to New “Erroneous Payment” Provisions for Credit Agreements: The Backstory and the Consequences
By now, most lenders and their counsel have heard about the February 16, 2021 decision of the U. S. District Court for the Southern District of New York in Citibank N.A. v. Brigade Capital Management, L.P, which held that certain lenders to Revlon who received payments by mistake from Citibank were in fact entitled to keep those payments.
The magnitude of the funds transferred is just one of the eye-catching elements of the case. On August 11, 2020, Citibank, which had been the agent for a syndicate of term lenders to Revlon, mistakenly transferred approximately $900 million to a group of the lenders. According to Citibank, it had intended to send a much smaller amount, around $7 million, solely to cover an interest payment then due on the loans, but a problem with its loan processing system resulted in the overpayment. Typically, you would expect lenders receiving the money by mistake just to return it—after all, you never know when you might be the one mistakenly sending the money. And, in fact, a number of the lenders did just that—but one group, did not.
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Mike Earnhart Joins White Oak Commercial Finance as Managing Director of Originations
White Oak Commercial Finance ("White Oak"), an affiliate of White Oak Global Advisors, is pleased to welcome Mike Earnhart as Senior Vice President, Managing Director of Originations. Mr. Earnhart will be based in Los Angeles with national coverage responsibilities.
Mr. Earnhart is an accomplished financial industry executive with in-depth experience in factoring, asset-based lending, banking and territory sales management. He served on the Board of The Professionals Club and was formerly the Committee President of City of Hope’s Fashion & Retail Group, where he is still an active member.
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Interview with Kristen Holihan, Member of SFNet’s Diversity, Equity & Inclusiveness Committee
Kristen Holihan is a Senior Vice President, Senior Business Development Officer for Bank of America Business Capital (BABC), the asset based lending team at Bank of America. Kristen is responsible for identifying and engaging new ABL opportunities and working with potential borrowers to get a new ABL revolver structured and closed. She is focused on covering private equity groups, advisors, middle market companies, and large corporate companies, in both Metro New York and Upstate New York, to deliver these solutions. Kristen has also spent significant time as an ABL underwriter, as well as on the Leveraged Finance Origination and Capital Markets teams. Kristen graduated from Babson College in 2012 with a Bachelor of Science (concentration in finance). She will also be starting the Executive MBA Program at Columbia University in August 2021. Kristen is a member of the Diversity Equity and Inclusiveness Committee for the Secured Finance Network, as well as a member of the Diversity and Inclusion Council at Bank of America.
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Despite Continued Difficulties, Small Business Owner Optimism Continues to Grow in Latest Wells Fargo Survey
Q3 study highlights improved future outlook tempered by significant near term headwinds
Small business owners have faced unprecedented challenges due to the pandemic and are in the midst of great uncertainty with the upcoming presidential election. However, the Q3 Wells Fargo/Gallup Small Business Index indicates there is a continued spirit of forward-facing optimism among small business owners despite the persistent trials. The overall score rose 12 points from last quarter’s historic low-water mark, driven by a sharp rise in sentiment about future expectations. The overall positive movement in sentiment was contrasted by the third successive quarterly decline in optimism about current business conditions.
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Interview with Dianne Wagman, Member of SFNet’s Diversity, Equity & Inclusiveness Committee
Dianne Wagman is a senior vice president, senior director of Diversity, Equity & Inclusion and Executive Talent Acquisition for Santander US.
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Breakout Capital Secures $45 Million Credit Facility Led by Synovus Bank
Breakout Capital, a leading fintech company simplifying access to capital for small businesses, announced today the completion of a $45 million credit facility in which Synovus Bank will provide the senior credit facility and an Austin, Texas-based credit fund, will provide the subordinate credit facility. Under the terms of the agreement, Breakout may now obtain funding through Synovus by accessing $35 million of committed capacity with an additional $10 million uncommitted.
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Blank Rome Welcomes Leading Finance Partners in Houston
Blank Rome LLP is pleased to announce that Cassandra G. Mott and Sarah H. Frazier have joined the firm’s Houston office as partners in its Finance, Restructuring, and Bankruptcy practice group. Cassandra and Sarah represent financial institutions, including commercial banks and non-bank lenders, as well as borrowers, in a variety of commercial transactions. They join Blank Rome from Holland & Knight LLP and were partners at Thompson & Knight before the two firms recently combined. At Thompson & Knight, Cassandra served as the firm’s Houston office leader and finance practice leader.
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Interview with Patrick Lee, Managing Director, Head of Lender Finance, Asset-Based Lending, People’s United Bank
Recently, People's United Bank, N.A., a subsidiary of People's United Financial, Inc., announced it had expanded its Commercial Specialty Business with the formation of a dedicated Lender Finance team. The Team is led by Patrick Lee, managing director, head of Lender Finance, and is an extension of the Bank's existing Asset-Based Lending group. The Team will work with non-bank lender finance companies nationally to provide tailored solutions of $10MM or more to help them achieve their near and long-term growth objectives.
Here, Patrick Lee discusses his background and new role.
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SFNet Annual and Q4 2020 ABL Survey Analysis
The fourth quarter of 2020 showed a tale of two cities between the bank lenders and the nonbank lenders. On a quarter-over-quarter basis, bank lenders in the fourth quarter showed flat total commitments with a drop in outstandings while the nonbanks showed double-digit percentage increases in both commitments and outstandings. At the bank level, new commitments approximated commitment runoffs, perhaps showing signs of stabilization while nonbanks increased on their third-quarter momentum of closing more deals than runoff in both commitments and outstandings. For both banks and nonbanks, there was a common theme of low utilization with the fourth quarter of 2020 showing the lowest utilization levels in recent history.
The quarterly report is segregated into a bank/non-bank classification while the annual report is combined, with specific bank/non-bank classifications in certain areas. Both surveys had comparable number of respondents with prior quarters and years with 34 participants for the annual survey and 35 participants for the quarterly survey.
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Asset-Based Private Credit Lender WhiteHawk Capital Partners Announces Launch
Private credit investment manager WhiteHawk Capital Partners, LP (“WhiteHawk”) launched in 2020 with a focus on providing asset-based financing solutions to primarily middle market companies in need of liquidity and growth capital.
WhiteHawk is led by Managing Partners John Ahn, Robert Louzan and Harry Chung, formerly of Great American Capital Partners, also known as GACP, a division of B. Riley Financial. The Managing Partners were joined by their 10-member investment team, ensuring continuity of the firm’s demonstrated investment process.
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Wingspire Capital Provides $45 Million Senior Secured Credit to a Privately Owned Industrial Mining Company
Wingspire Capital LLC (“Wingspire”) is pleased to provide a $45 million senior secured credit facility to a large private industrial mining company. The transaction included a $35 million revolving line of credit and a $10 million term loan.
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