Attorneys Jeffrey Wurst and Jonathan Bodner discuss how lenders can identify and avoid lending into problem situations that involve hidden liens. The authors note that these liens come in many varieties, including tax, agricultural, materialmen and construction related.
Patrick Dalton examines the changing role of alternative lenders in the rapidly evolving lending landscape. Due to regulatory constraints, he says it is often in the best interest of a borrower — and a senior lender — to form a strategic partnership with an alternative lender that has institutional knowledge of various asset classes.
Alvarez & Marsal managing directors, Art Ehuan and Scott Harrison discuss a recent paradigm shift in cyber risk models: nation-state cyber threats. They outline essential steps for corporations to follow in order to minimize exposure to this risk and to ensure that an effective action plan is in place in the event of an attack.
ABL veteran Barry Kastner talks about his plans to expand Bibby Financial Services’ ABL offerings. After spending several years working with big banks and entrepreneurial companies, Kastner says Bibby’s family-owned, people-focused culture makes him feel like he’s flown back to the future and found his perfect new home.
Nutter McClennen & Fish Attorneys Philip Rosenblatt and John Loughnane examine developments in the RadioShack bankruptcy case concerning agreements among lenders that form the basis of unitranche transactions. While the RadioShack case is interesting and instructive, they argue that it should not provide any false sense of comfort to lenders.
Marc Adelson illustrates the differences between traditional and alternative lenders servicing the lower middle market space. He advises borrowers to be aware of the processes and hierarchy within a lender’s organization before choosing a lending partner.
Hugh Larratt-Smith examines asset-based lending in the European Union’s private equity sector. While private equity exits are on the rise, he says the disciplines of ABL can provide PE firms with an excellent, objective sounding board and a valuable tool for smart investing.
Howard Brod Brownstein interviews three active participants on the current state of ABL capital markets. While market conditions remain extremely competitive, destabilizing factors around the world continue to create uncertainty and will likely provide challenges for syndicated ABL lenders down the road.