Inventory Financing IssuesRead Time: 2 mins
Asset Based Financing Strategies 2013
New York City and Live Webcast
Marshall Grodner presents “Inventory Financing Issues.” Topics covered include:
- Brief review of common inventory financing structures including floor plan financing and consignments
- Issues involving after-acquired property
- Stumbling blocks in obtaining purchase-money inventory priority
- Common mistakes involving consignments
- Exploring common inventory financing provisions in asset-based financing agreements
- Foreign inventory or inventory in cross-border air or freight shipments
Further information from Asset Based Financing Strategies 2013:
Why You Should Attend
Asset-based financing is a key source of credit for small and medium-size companies and for some larger, publicly traded companies as well. In contrast to equity financing where ownership in the company is diluted, asset-based financing allows companies to use their own assets to generate cash flow.
In structuring these loans, lenders and their counsel must consider all senior interests in the collateral, as well as the practical difficulties in obtaining payment in enforcement situations. Accordingly, asset-based lending requires not only a sound knowledge of the law, but also practical knowledge of the common drafting and enforcement issues likely to arise.
At this program, faculty will explore the most common forms of asset-based financing, and the legal rules governing them, with particular emphasis on Article 9 of the Uniform Commercial Code and the Bankruptcy Code. In addition, the faculty will share what they have learned in representing secured creditors and borrowers in structuring asset-based loans and in enforcing them inside and outside of bankruptcy. The faculty will also discuss a number of ethical issues that arise in asset-based financings.
What You Will Learn
- Brief review of the basic rules for attachment, perfection, priority and enforcement of a security interest under Article 9
- Common asset-based financing structures
- Techniques for equipment, inventory and receivables financing
- Priority issues relating to non-UCC liens and intercreditor arrangements
- Enforcement and bankruptcy planning strategies
- Recent UCC Article 9 developments including 2010 amendments
- Cross-border asset based financing issues
- Earn one full hour of Ethics credit
Who Should Attend
The program is intended for attorneys and asset-based lenders already experienced in the field or seeking a general refresher or update. The program will review the basics of asset-based lending briefly before concentrating on more advanced issues and strategies.