Category: Industry Related

Lending to Restaurants Pitfalls in Perfecting Security Interests

Lenders have historically shied away from lending to restaurants for a variety of reasons, with the high restaurant failure rate ranking top among concerns. But as the restaurant industry is poised to experience its fifth consecutive year of growth, lenders should consider adding restaurants to their portfolios. Anderson Kill Attorney Inez M. Markovich discusses four potential pitfalls that jeopardize the priority of a lender’s security interest in a restaurant’s assets.

Convergence of ABL: Cementing its Global Role

Located strategically at the convergence point between macroeconomic activity and microeconomic need, commercial finance and ABL stand at key junctures in the life of smaller businesses. Jeffrey Sweeney, CEO at US Capital Partners, discusses how a changing landscape in China is validating ABL’s central role at the many intersections of business.

Structuring Unitranche Transactions: A Prudent Approach to Drafting Agreements

Nutter McClennen & Fish attorneys Philip R. Rosenblatt and John G. Loughnane discuss the uncertainty lenders may face when involved in a unitranche transaction. Since the unitranche model has not been thoroughly tested in court, they caution that when times get tough, lender parties will need the benefit of a well-crafted agreement—one that helps reach a solution instead of inadvertently accelerating a troubled situation.