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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. 

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.

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.

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. 

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.

The Post-COVID New Normal For Store Closing and Strategic Sale Events. Reflections by SB360’s Scott Bernstein.

“Why aren’t you in the water?  Nobody’s going in.  Please… get in the water.”  Those pleading words uttered in the 1975 blockbuster movie “Jaws” were part of an ill-fated effort by Mayor Larry Vaughn to save his fictional sleepy beach town from financial ruin.  Those of us who saw the movie or have binged watched Shark Week re-runs know how that worked out for the reluctant residents of Amity.

I hope you had a safe and peaceful weekend as many of us celebrated the Passover and Easter holidays and found some respite from the crisis in our friends, families and communities.  Events continue to unfold at a rapid pace, and I’d like to bring you up to speed on what our association is doing to analyze and share information and influence outcomes to support our collective interests.  Our priority remains to attend to the well-being of our SFNet community and to fulfill our mission of putting capital to work. 

On the legislative and regulatory front, we have focused our Advocacy resources on three imperatives.

• Leveraging the CARES Act. Last week an additional $250B was pledged to the already oversubscribed Paycheck Protection Program. SFNet and our volunteers, in alignment with the AFA, ELFA, ASEA and other trade associations, are petitioning legislators to simplify execution challenges, modify affiliation rules and extend eligibility to financial services companies under PPP. Our positions on these matters can be found at SFNet.com. 

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.

The coronavirus-triggered downturn is pushing default rates higher and is also affecting the bankruptcy procedures used to address such credit defaults, according to Fitch Ratings. Several recent debtors have had their bankruptcy cases derailed as ability to access exit financing markets has been compromised. Similarly, decreased lender appetite for equitized debt as well as lack of third party interest in certain distressed assets has also disrupted the streamlined trend of pre-coronavirus Chapter 11s. Lender fears with respect to DIP facilities as well as an increased frequency of liquidation outcomes will likely further impede the goal of preserving value in U.S. bankruptcies during the crisis. Given that recoveries are tied to distributable value, a prolonged pandemic may contribute to lower creditor recoveries for debtors with disrupted processes.

In this installment of our series of executive interviews, Charlie Perer sits with Tim Stute to understand his views on the ABL industry, consolidation, new trends including specialization and state of the M&A market, among other things.

A designer of high-end handbags and accessories lost coverage on some of their retail customer accounts due to COVID-related challenges. When their existing bank was unable to cover those customers and restricted their borrowing capacity, the client reached out to Rosenthal.

When one of the world’s largest manufacturers of premium textiles and bedding was looking to establish a U.S. entity to sell to retailers, the company sought out a factor to provide the necessary credit coverage it needed to move forward. Unfamiliar with factoring and given the current state of the retail environment, the company turned to Rosenthal because of the firm’s deep experience in the textile and retail space.

CIT Group Inc. (NYSE: CIT) today announced that David Harnisch will join the company as president of Commercial Finance, effective Sept. 23, 2019. Harnisch will succeed the current president of Commercial Finance Jim Hudak who has elected to retire following a 20-year career at CIT, effective Sept. 3, 2019.

China has locked down entire cities and restricted travel to limit the spread of the epidemic, with serious implications for Chinese companies and global supply chains. US technology giant Apple warned that it would not meet its revenue guidance for the March quarter because of slower iPhone production and weaker demand in China.

The uncertain fallout from the coronavirus outbreak in China has paralysed syndications across Asia, as lenders struggle to assess the damage to Chinese businesses and borrowers that rely heavily on Chinese demand.