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TSL Express e-News Update
          March 13,  2014
 
Express Exclusive   
Supply Chain Finance Offers End-to-Endless Opportunities for Enterprising Lenders
By Anthony Brown 
      
Supply Chain Finance (SCF) is much in vogue as the finance technique du jour. But what does it mean? Is it reverse factoring? International trade finance? Vendor finance? Or all of the above?

A broad definition of supply chain finance is best - the financing of self-liquidating transactions linked, to successive stages of domestic and cross-border supply chains. In other words, SCF is the financing of inventory and receivables relating to the processing of materials that are bought by manufacturers to make finished products, that are then sold by exporters to importers, that are then sold by importers to distributors, who then sell them to end buyers. 
   

 

 


   

    

Vicwest Inc. Enhances Flexibility With $120M Revolving Asset-Based Lending Facility, Including a $25 Million Accordion Feature, With a Syndicate of Lenders, Co-led by Canadian Imperial Bank of Commerce (CIBC) and National Bank of Canada 

 

 

 

 

 

 

Chinese Companies Fear Economic Slowdown and Tighter Credit; A Recent Survey of Corporate Credit Risk Managers by Credit Insurer Coface Found that 8 out of 10 Companies in China Experienced Overdue Payments in 2013 

 


 

     

 

Rand Logistics Announces $212.5 Million Refinancing, Reducing Cost of Capital and Paying Off Accrued Preferred Dividends; Refinancing Consists of a $140 Million Senior Secured Credit Facility and a $72.5 Million Second Lien Facility     

 

 
     

 

Cobar Consolidated Resources Signs a $12.5 Million Credit Facility Terms Sheet With Highly Respected Natural Resource Lender Sprott Resource Lending Partnership.  

 

 





Imperial Metals Announces Closing of Previously Announced Financings of $325 Million 7% Senior Notes



 

GE's North American Retail Finance Business Files for IPO; The Business Will Operate Under a New Name, Synchrony Financial, GE Said in a Statement

 





Audax Group Announces the Acquisition of CURT Manufacturing; BB&T Capital Markets Advised CURT, BMO Capital Markets and GE Capital Corporation Provided Senior Debt Financing and BB&T Capital Partners Provided Junior Debt Financing






Amy Sharp Appointed Business Development Officer in SBA Lending at TD Bank in Burlington, MA;  Responsible for Expanding TD Bank's SBA Loan Production, Including Medical and Professional Loans, Franchise Financing, Equipment Loans and Business Acquisition Financing




CFA's 8th Annual International Lending Conference   


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Ally Financial Inc. announced that it has completed the renewal of $11.5 billion in credit facilities at both the parent company and at its banking subsidiary, Ally Bank, with a syndicate of 19 lenders. The secured facilities can be used to fund retail, lease and dealer floorplan automotive assets in the U.S.

"Ally's diversified funding strategy, including the renewal of these facilities, remains an important component in the continued growth of our leading U.S. auto finance franchise," said Ally's Corporate Treasurer Bradley Brown. "With favorable interest from lenders, these facilities were renewed with improved terms, resulting in lower cost of funds, better funding efficiencies and further advancement of Ally's liability management strategy."

The $11.5 billion funding capacity is comprised of two facilities: an $8 billion facility which is available to the parent company, Ally Financial, and maturing in March 2016; and a second $3.5 billion facility available to Ally Bank which matures in June 2015. The two credit lines renew existing Ally credit facilities.

 

BMO Harris Bank's Asset-Based Lending group, a leading provider of middle market leveraged finance solutions, announced it was administrative agent for $54 million in senior credit facilities to Sipi Metals Corporation (Sipi).

Sipi Metals Corporation is a leading recycler of precious metals and producer of copper alloy products in Chicago.  Sipi provides an economical and environmentally friendly end of life solution to a broad range of suppliers from electronics, mining, telecom, defense and medical industries, as well as aggregators or precious metal-bearing scrap. 

 

Diamond Business Credit recently funded an escrow account to a relatively small distributor that had ordered two containers of goods from an overseas supplier who had promised modest credit terms on open account. When the containers cleared US Customs and were sitting at the forwarder's facility, the vendor would not release the goods until he was paid in full. The amount needed was sizeable and well beyond the borrowing base formula. Further, the goods were not even the property of our borrower at that time.

Diamond Business Credit reviewed the company backlog and proposed and structured an escrow agreement which served to protect the interests of all parties. Diamond funded the escrow account. The containers were then delivered to the borrower which triggered the release of the escrow funds which fully satisfied the vendor. Within days of receiving those containers, the backlog was shipped creating receivables sufficient enough to get Diamond Business Credit's borrower back in formula. The customers received their product in time to save the season.  

     

GemCap funded a $5 million revolver to support the growth of a buy-here/pay-here auto dealership. The dealership has experienced steady growth over the last several years and needed a new facility to support its trajectory.
"This is an important segment of our economy and we're happy to support the continued growth of our client," said David Ellis, co-president.
 

 

Marquette Business Credit is pleased to announce it recently funded a credit facility consisting of an asset-based revolving line of credit and an equipment term loan for Sunbelt Chemicals Corp.  Sunbelt Chemicals Corp., headquartered in Palm Coast, FL, is a manufacturer and packager of high quality branded and private label chemical products for the home, industrial, automotive, marine, and swimming pools markets.

"Marquette partnered with us providing a competitive facility tailored to our business needs."  Tim Capp, CFO Sunbelt Chemicals, Corp.

Marquette Business Credit provides asset-based loans to middle market U.S. based companies with credit requirements from $1-15 million.  On a national basis, to a wide variety of industries, we provide secured lines of credit against accounts receivable, inventory, machinery and equipment, real estate, along with cash flow supported term loans. 

Marquette Business Credit is part of the Marquette Financial Companies, a multi-billion dollar diversified specialty finance and banking entity which is owned by the Pohlad Companies founded in the 1950's by Carl R. Pohlad.  Throughout the decades, the Pohlad Companies' business interests have expanded to include real estate, technology, retail, entertainment and Major League Baseball with the ownership of the Minnesota Twins. 

CFA's  Financial Statement Analysis Virtual Workshop   


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Named the Bankruptcy Group of the Year for 2013 by Chambers USA, law firm Morrison & Foerster's (MoFo) Business Restructuring + Insolvency Group maintained its position as destination counsel for companies facing the largest and most complicated restructurings the corporate landscape has seen. Last year, MoFo's bankruptcy practice grabbed headlines for its work, as well as for notable additions to its attorney roster.
As captured in its Year-End Review, in 2013 the group reached settlements in the Residential Capital, MF Global, and the Ambac Financial Group chapter 11 cases. It also added several prominent bankruptcy lawyers to its practice, including the Honorable James Peck, former U.S. Bankruptcy Judge for the Southern District of New York, and Howard Morris, a highly regarded cross border restructuring lawyer who is based in London. 
In 2013, the group also acted as lead bankruptcy counsel to numerous intellectual property licensees and licensors in the Eastman Kodak bankruptcy case. The Year-End Review includes brief summaries of the firm's role in these as well as the numerous other cases the firm worked on in 2013, including Triad Guaranty, Global Aviation Holdings, Pinnacle Airlines Corp., PMI Group, Soundview funds, Madoff, Lehman Brothers Japan, HMV Administration, Saad Investments Company, Maythem Al-Ansari, Land Bank of Taiwan, and Koritsu Kasei K.K.
The Year-End Review also contains a spotlight feature on the Residential Capital chapter 11 case, where MoFo served as debtor counsel. The firm confirmed a chapter 11 plan for ResCap just this past December after only 19 months in bankruptcy.
Morrison & Foerster has deep experience on all sides of the bankruptcy process, including working with debtors, creditors' committees, secured and unsecured creditors, DIP lenders, purchasers and sellers of claims, and acquirers of distressed companies (or their assets). Its cases run the gamut of industries and type, including restructuring financial institutions, cross-border insolvencies, distressed real estate, creditor committee representations, insolvencies involving key intellectual property, and hedge fund failures.      
 
TSL's March issue
is now available!   
The Factoring World Conference Issue  
Click here
to begin reading
  The Factoring World Conference Issue

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Jason Miller, Blank Rome

"Loss Payee" v. "Lender Loss Payee": How the Difference of One Word Can Prevent a Secured Lender's Recovery on Insurance Proceeds

  

As a secured lender, you take a security interest in your borrower's inventory and/or equipment and then perfect under applicable law. To further protect the value of the collateral supporting your loan, you confirm your borrower has adequate insurance and obtain an endorsement as "loss payee" on the policy. What happens when the collateral is stolen or destroyed and your borrower misrepresents to the insurance company that there are no liens on the collateral? The above facts are virtually identical to those in Westfield Ins. Co. v. Talmer Bancorp, 2013 WL 5812027 (6th Cir. 2013), a case where the Sixth Circuit ruled that because the secured party was listed as "Loss Payee" rather than "Lender Loss Payee," the secured party was barred from recovering any insurance proceeds. This case highlights the small but very important distinction between "Loss Payee" and "Lender Loss Payee" endorsements. While the terms differ by a single word, the designations make a critical difference in determining whether a secured party can recover insurance proceeds under the borrower's insurance policy after a loss. A secured party receives far greater protection when its rights are endorsed as "Lender's Loss Payee".

 

 


         Read on...
  
Author:

Jason Miller is an associate at Blank Rome LLP.  He concentrates his practice in the area of financial services, advising secured lenders, syndicated loan agents, international banks, finance companies, creditors, creditors committees, debtors, and equity holders.  He can be reached at [email protected]

 

To read the full bio click here.

 


Company:
Marquette Transportation Finance

Position Title
:
Credit Analyst

Location: Bloomington, MN

Please click here to view the full job posting.

Events Calendar 

Upcoming CFA Professional Development Programs and Chapter Events. Please click here to view our entire calendar of events.

 
Conferences/Workshops  


March 18 - 20, 2014

March 18, 2014
Grand Ballroom
New York Hilton, New York, NY

March 26 - 2 8, 2014
Goldberg Kohn
Chicago, IL

April 1 - 3, 2014
Troutman Sanders LLP
New York, NY

April 8 - 10, 2014
Buchalter Nemer
Los Angeles, CA

April 8 - 10, 2014
Buchalter Nemer
Los Angeles, CA

April 23, 2014
2:00 p.m.

April 29 - May 2, 2014
Location TBD

May 6 - 8, 2014
London, England

May 6- 8, 2014
Morgan, Lewis & Bockius LLP
New York, NY

 
Chapter Events          

CFA's Atlanta Chapter Education Event with Lunch

"Scared Straight: Legislation and Regulation Likely to Impact the Lending Industry"

March 19, 2014
King & Spalding, LLP
Atlanta, GA
11:30am - 1:30pm

March 19, 2014
Market Restaurant & Sports Bar  

Chicago, IL  

 

The Bell in Hand Tavern
Boston, MA 

4:30 p.m. - 8:00 p.m.

March 25, 2014
Family-style luncheon, networking
Palm Restaurant
Charlotte, NC
11:30 a.m. - 1:30 p.m,

March 26, 2014
Hoover Slovacek Offices
Houston, TX
Event start time; 11:15 a.m.

March 31, 2014
Globe Life Park
Arlington
, TX
Event start time: 1:05 p.m.

April 10, 2014
Fox & Hound
Philadelphia, PA
3:00 p.m. - 6:00 p.m.

April 17, 2014
Burr Forman
Birmingham, AL

CFAs Houston Chapter New Member Meet and Greet 

April 22, 2014 

TopGolf Houston
Houston, TX

 

May 5, 2014
Seaport Hotel

Boston, MA  

 

May 12, 2014

Green Valley Country Club  

 Lafayette Hill, PA

 

May 21, 2014
BB&T Ballpark
Charlotte, NC 

 

Save the date!
CFA's New Jersey Chapter

Golf Outing 

May 27, 2014

West Orange, NJ


Save the date!

CFA's New England Chapter's 20th Annual Golf Tournament to benefit the Ron Burton Training Village
June 2, 2014

Blue Hills Country Club

Canton, MA

 


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The views expressed in TSL Express' featured article are solely the views of the author and do not represent the views or position
of the Commercial Finance Association.


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