Asset Based Financing: A Transactional Guide
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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.
• 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
CHAPTERS 40 through 45 RESERVED