| 1 | Unit Inventory Financing (Floor Planning) This Note describes "floor planning," a financing technique commonly used by dealers of goods to finance individual high value units of inventory. Floor plan finance is an alternative to traditional bulk inventory financing often favored by banks, but it is not suitable for all types of inventory or all borrowers. This Note explains common terms of floor plan loans and considers commercial considerations underlying this type of financing. | Practice Notes | Maintained |
| 2 | The State of the ABL Retail Sector A report on market activity and trends in the retail segment of the asset-based lending market. | Legal Update: archive | 05-Jan-2012 |
| 3 | Security Interests: Aircraft, Vessels and Rolling Stock This Practice Note contains a discussion on aircraft, vessels and rolling stock and the means by which a lender can perfect a security interest in each of them. It also explains key terms in customized security agreements and contains information about searches and terminations. | Practice Notes | Maintained |
| 4 | Second Lien Loans: Overview A Practice Note discussing second lien loans and their characteristics, including terms commonly included in second lien loans and how they differ from their related first lien loans. This Note also examines the typical providers of second lien loans as well as the types of companies that borrow second lien loans and their uses. | Practice Note: Overview | Maintained |
| 5 | Rise in Asset-based Lending, but Future Remains Unclear An update on the state of asset-based lending in 2011 and issues likely to affect new market activity. | Legal Update: archive | 14-Jul-2011 |
| 6 | Refinancing Fuels Boom in Asset-based Lending An update on the increase in the volume of asset-based lending as a result of a surge in ABL refinancings during 2011. | Legal Update: archive | 06-Dec-2011 |
| 7 | Purchase Money Security Interests (PMSI) This Note discusses purchase money security interests (PMSI), including their requirements under the Uniform Commercial Code (UCC), their UCC priority rules and advice when doing financing based on PMSI. | Practice Notes | Maintained |
| 8 | Optimism in ABL Industry An update on developments in asset-based lending (ABL). | Legal Update: archive | 09-Nov-2010 |
| 9 | Middle Market Lending: Traits and Trends This Article examines the factors impacting the middle market landscape and highlights recent trends in middle market deal terms. | Articles | 01-Nov-2010 |
| 10 | Lending: Overview An introduction to the common types of corporate loan facilities and bank loans, including an explanation of the key features of each, and a brief outline of the steps of a syndicated bank loan transaction. | Practice Note: Overview | Maintained |
| 11 | Landlord Lien Waiver and Collateral Access Agreement This Landlord Lien Waiver and Collateral Access Agreement provides a lender with a lien waiver from its borrower's landlord and the right to access the collateral located at the borrower's leased premises. This Standard Document is a form that may be used by lenders providing borrowers with financing secured by the borrower's property that is located at the borrower's leased premises. This Standard Document has integrated drafting notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 12 | Intercreditor Agreements: Key Issues for Asset-Based Lending This Note explains the issues in an intercreditor agreement that are of particular concern when the debt of a company includes an asset-based credit facility secured by shared collateral. | Practice Notes | Maintained |
| 13 | Insurance Issues for Lenders in Leveraged Leasing ... This Note discusses the insurance issues facing lenders in leveraged leasing transactions, and the steps a lender should take to protect its interests. | Practice Notes | Maintained |
| 14 | In re D&L Equipment: Michigan District Court Finds Successor ... The District Court for the Eastern District of Michigan affirmed that a successor floor plan lender perfected its security interest in collateral, even though the collateral description in the original UCC-1 financing statement was not amended to reflect assets financed by the successor lender. | Legal Update: archive | 19-Oct-2011 |
| 15 | General Contract Clauses: Payment Terms, Purchase-money ... Standard Clause included in a sale or supply of goods agreement under which the buyer grants to the seller a purchase-money security interest (PMSI) in the goods to secure the buyer's obligation to pay the purchase price of the goods. This Standard Clause has integrated notes with important explanations and drafting tips. | Standard Clauses | Maintained |
| 16 | Fundamentals of Factoring This Note provides a guide on factoring transactions, including advantages of factoring over traditional bank financing and key issues to consider in structuring and negotiating factoring agreements. | Practice Notes | Maintained |
| 17 | Finance Fundamentals: Broadly Syndicated Loans v. Middle ... A discussion of differences between broadly syndicated loans and middle market loans. | Practice Notes | Maintained |
| 18 | Finance Fundamentals: Asset-based v. Asset-backed An explanation of asset-based and asset-backed financing, two commonly confused financing terms, and the differences between them. | Practice Notes | Maintained |
| 19 | Equipment Lease: Types of Leases This Note contains an overview of the various types of equipment leases from the state law (Uniform Commercial Code), federal tax and accounting perspectives. This Note compares and contrasts the main types of equipment leases, including UCC true leases, UCC finance leases, leases intended as security, true tax leases, operating leases, capital leases (sales-type and direct financing), TRAC leases, synthetic leases and leveraged leases. | Practice Notes | Maintained |
| 20 | Cash Management: Lockbox Services This Note discusses lockboxes, describing how they work and how they can be beneficial in the circumstances where they are used. The Note describes common features of wholesale and retail lockboxes and examines the terms of agreements through which lockboxes are set up and operated. The Note also considers the role of lockboxes in a company's cash management system and how they are used in secured loan transactions. | Practice Notes | Maintained |
| 21 | Borrowing Base: Overview This Note describes the principal characteristics of a borrowing base in an asset-based loan, and examines issues that arise in transactions where borrowing bases include receivables, inventory and equipment. | Practice Note: Overview | Maintained |
| 22 | Borrowing Base: Impact of Excess Availability This Note describes various ways that excess availability in a borrowing base loan can affect the borrower's rights and obligations under the loan agreement. | Practice Notes | Maintained |
| 23 | Borrowing Base Certificate This Standard Document is a form of borrowing base certificate that can be used in an asset-based loan transaction. This Standard Document has integrated notes with important explanations and drafting and negotiating tips. | Standard Documents | Maintained |
| 24 | Asset-based Loan Agreement: Definition of Eligible Inventory This Standard Clause contains a standard form of definition for eligible inventory for an asset-based loan agreement. This Standard Clause has integrated notes with important explanations and drafting and negotiating tips. | Standard Clauses | Maintained |
| 25 | Asset-based Loan Agreement: Definition of Eligible ... This Standard Clause contains a standard form of definition for eligible receivables for an asset-based loan agreement. This Standard Clause has integrated notes with important explanations and drafting and negotiating tips. | Standard Clauses | Maintained |
| 26 | Asset-based Loan Agreement: Definition of Eligible ... This Standard Clause contains a standard form of definition for Eligible Equipment for an asset-based loan agreement. This Standard Clause has integrated notes with important explanations and drafting and negotiating tips. | Standard Clauses | Maintained |
| 27 | Asset-based Loan Agreement: Borrowing Base Definitions These Standard Clauses contain standard form borrowing base definitions for an asset-based loan agreement. These Standard Clauses include an overarching definition for a borrowing base, as well as defined terms for eligibility reserves, borrowing base valuations and other related matters. | Standard Clauses | Maintained |
| 28 | Asset-based Loan Agreement: Affirmative Covenants (Retailer ... These Standard Clauses are a set of affirmative covenants tailored for use in an asset-based loan agreement where the borrower is a retailer. These Standard Clauses have integrated notes with important explanations and drafting and negotiating tips. | Standard Clauses | Maintained |
| 29 | Asset-based Lending: Overview This Note describes the principal characteristics of asset-based lending transactions and distinguishes these transactions from traditional forms of bank lending. | Practice Note: Overview | Maintained |
| 30 | Asset-based Lending Growing in Popularity An update on the growing popularity of asset-based lending. | Legal Update: archive | 02-Feb-2010 |