Asset Based Financing: A Transactional Guide

A complete start-to-finish guide to asset based lending focused on UCC Revised Article 9.

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Loose-Leaf:5 Volumes, Loose-leaf; updated with revisions
ISBN: 9780820510590
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ISBN: 9781579112318
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ISBN: 9781579112318
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The first complete guide to asset based lending is now the first such guide to focus primarily on U.C.C. Revised Article 9. Providing a how-to approach to structuring the loan transaction, monitoring the security underlying the loan, and proceeding in case of default, this transactional guide is uniquely designed for use by the practitioner.

Coverage includes:

•  The complete text of both Revised and Pre-Revision U.C.C. Article 9 together with analysis of the Revision and the Filing Process in a special volume.
•  The legal, practical and commercial consideration of each major type of asset based transaction
•  All relevant forms, checklists and other exemplary materials, incorporated throughout the text
•  Separate discussions on topics common to most types of asset based lending--subordination and third-party problems
•  The impact of bankruptcy and usury laws on specific types of financings
•  Benefit/detriment analysis of model clauses commonly used in agreements in the industry

The ideal reference for commercial banks, commercial finance companies, thrift institutions, and attorneys representing corporations engaged in asset based borrowing.

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Table of contents

CHAPTER 1 Introduction

CHAPTER 2 Grant of Credit

CHAPTER 3 UCC Article 9

CHAPTER 4 The UCC Search and Filing

CHAPTER 4B UCC Article 9 Insurance

CHAPTER 5 Motor Vehicle Security

CHAPTER 6 Intercreditor Agreements

CHAPTER 7 Claims By and Against the United States

CHAPTER 8 Conflicting Real Estate Interests

CHAPTER 9 Real Estate Aspects of Asset-Based Financing

CHAPTER 10 Joint Loans and Participations

CHAPTER 11 Guaranties

CHAPTER 12 Letters of Credit

CHAPTER 13 Debt Subordination

CHAPTER 14 Interest and Usury

CHAPTER 15 Corporate Formalities

CHAPTER 15A Third Party Legal Opinions

CHAPTER 16 Bankruptcy

CHAPTER 16A Amendments, Waivers and Forbearance Agreements

CHAPTER 16B Financing in Chapter 11: Use of Cash Collateral and Debtor in Possession Financing

CHAPTER 16C Alternatives to Bankruptcy

CHAPTER 17 Lender Remedies

CHAPTER 17A Alternative Dispute Resolution

CHAPTER 18 Consumer Law Issues

Chapter 19 RESERVED

CHAPTER 20 Bulk Sales

CHAPTER 21 Fraudulent Transfers

Chapters 22through 25 RESERVED

CHAPTER 26 Accounts Receivable Financing

CHAPTER 27 Factoring

CHAPTER 28 Inventory Financing

CHAPTER 29 Financing the Leveraged Buyout

CHAPTER 30 Agricultural Financing

CHAPTER 31 Intellectual Property Financing

CHAPTER 32 Equipment Financing

CHAPTER 33 Chattel Paper Financing

CHAPTER 34 Equipment Leasing

CHAPTER 35 Tax-Oriented Leasing

CHAPTER 36 Maritime Financing

CHAPTER 37 Aircraft Financing

CHAPTER 38 Insurance Considerations

CHAPTER 39 Interests in Borrowers' Depository Accounts