Asset Based Lending: Navigating Third-Party Relationships

Webinar: ID# 1015328
Recorded CD
About This Course:
Asset based loans are complicated. Documenting asset based loans is intrinsically tied to understanding and securing the ability of the asset based lender to enforce and realize on the collateral. Lenders and their counsel are often adept at perfecting on collateral under Article 9 of the Uniform Commercial Code.

Relationships with third-parties (landlords, bailees, and other creditors) are just as important. Access to the collateral, competing liens or interests, and other rights of third-parties can be significant barriers to realizing the full value of collateral.

Lenders and their counsel, however, often overlook, misunderstand or undervalue the importance of these third-party relationships. This relationship is further complicated by the fact that third-parties are often uncooperative or uninterested in reaching an agreement. They cannot be ignored though. This live webinar will give lenders and attorneys the practical tools to understand and address third-party relationships.

This live webinar will also identify the key aspects of these relationships so that lenders and their counsel can more successfully negotiate agreements that achieve the primary goals without excessive negotiation. Failing to understand or address third-party relationships can be a costly mistake.

Identifying and addressing these issues early in a lending relationship is an opportunity for attorneys to add significant value and for lenders to avoid significant losses in a liquidation or enforcement.


Landlord Waivers
  • Do I Really Need a Landlord Waiver?
  • Typical Aspects of the Landlord Waiver
  • Common Mistakes
Bailee Agreements
  • Understanding Various Bailment Relationships
  • Identifying What the Lender Really Needs From the Bailee
  • Common Mistakes
Intercreditor Relationships
  • Subordinate Lenders
  • Purchase Money Lenders
  • Floor Plan/Specialty Lenders
About The Presenters

John F.W. Fleming
  • Partner at the law firm of Densborn Blachly, LLP, named a “Best Law Firm” by U.S. News & World Report
  • Practices all aspects of secured lending, workouts and restructurings
  • Regularly conducts seminars and workshops on secured lending, asset based loans and UCC Article 9 matters
  • Memberships include Indiana Association of Corporate Renewal, board of directors, 2011 to present; American Bar Association, Business Law Section member, Banking Law, Commercial Finance, and Uniform Commercial Code Committees; and Indianapolis Bar Association, Commercial and Bankruptcy Law Section
  • J.D. degree, with honors, University of North Carolina School of Law; A.B. degree, cum laude, Wabash College
Asset Based Lending: Navigating Third-Party Relationships
Available on CD format
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