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Description: BUSINESS BORROWING BASICS 2021 Series
Episode #1: What Kind of Loan?
June 3, 2021 at 1:00 PM CST
In a broad sense, most loans can be divided into two basic types: an asset-based loan (ABL) and a cash flow loan.
An ABL is made by a lender who underwrites the loan primarily by valuing the company’s assets, such as accounts receivable (A/R) and inventory. An ABL lender underwrites a loan based on the ability to liquidate its collateral should it need to. A “cash flow” lender, in contrast, while also secured against the borrower’s assets, underwrites the loan primarily based on the cash flow and general credit-worthiness of the borrower.
The distinction between these types of loans is only the beginning of understanding the many types of loans available to a business, because within each of the two types there are many subtypes.
This webinar takes the audience through a guided tour of the various borrowing options available to businesses, from both a business and legal perspective, to paint the overall landscape of the different types of lenders that exist and to provide a framework for understanding what type of lender and loan may make sense for any particular borrower.
This webinar is delivered in Plain English, understandable to you even if you do not have a background in the subject. It brings you into an engaging, even sometimes humorous, conversation designed to entertain as it teaches. And, it is specifically designed to be viewed as a stand-alone webinar, meaning that you do not have to view the other webinars in the series to get a lot out of it.
Speaker Information
Moderator:
Hajar Jouglaf, Attorney, Sugar Felsenthal Grais & Helsinger LLP
Hajar Jouglaf is an associate at Sugar Felsenthal Grais & Helsinger who collaborates with clients to identify and resolve critical issues when dealing with distressed situations. Hajar also sits on the board of the Chicago Network of the International Women’s Insolvency & Restructuring Confederation.
Panelists:
Phil Buffington, Partner, Adams & Reese LLP
Phil Buffington joined Adams and Reese in 2011 and serves as Leader of the Financial Services Team, and is a Partner in the Transactions Practice Group. For more than 30 years, Phil has served as a trusted advisor to community, regional and national financial institutions, and he routinely helps these institutions assess and analyze regulatory and litigation risks, including issues involving:
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Corporate governance, including succession planning, proxy materials and compensation issues
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Mergers, acquisitions, branching and divestitures
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De Novo formations and Charter conversions
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Bank holding company formations and expansion
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Notices of Change in Control and Change in Director or Senior Officer
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Strategic Planning and Capital Planning
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Response to Examinations and Enforcement Actions
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Federal and State Banking Laws and Regulations
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Risk assessment, management and mitigation
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Secured Commercial lending transactions, including syndicated lending
Phil also has substantial experience in the following:
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Advising boards of directors of financial institutions with regard to their duties and responsibilities, including drafting, adopting and implementing policies and procedures for compliance purposes.
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Advice and counsel on financial institution litigation involving director and officer actions; lending related litigation (including lender liability); check kiting; embezzlement; conversion; commercial collection; wrongful foreclosure and repossession; Equal Credit Opportunity Act claims; Fair Debt Collection Practices Act claims; Fair Credit Reporting Act claims; and guaranty litigation.
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Teaching and conducting seminars for numerous organizations related to topics of interest in the financial institution industry, including the Mississippi Banker Association, Mississippi Bankers Association School of Banking, Florida Bankers Association, South Carolina Bankers Association, Louisiana State University Graduate Banking School of the South, Mississippi Home Corporation, Mississippi Center for Nonprofit Corporation and in house seminars for clients.
In the legal arena, Phil is a member of various sections within the American Bar Association, including the Banking Law Committee. He is also a member of the Business Law Section of the Mississippi Bar Association.
Phil is an adjunct professor at Mississippi College School of Law (Banking Law and Business Planning), and is a faculty member for the Mississippi Bankers Association School of Banking (Commercial Loan Documentation I and II). He earned his J.D. from Mississippi College School of Law in 1984 and attained a double major in banking and finance/insurance at University of Mississippi, earning a B.B.A. in 1981.
 | | Practice Areas: | | Banking & Finance Law, Business Organizations & Contracts | | | Online Media Type: | | Audio | | | Production Date: | | 06/03/2021 | | | Level: | | Intermediate | | | Category: | | Standard | | | Duration: | | 1 Hours, 5 Minutes | | | Online Format: | | On Demand | |
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| | • | Hajar Jouglaf - Attorney, Sugar Felsenthal Grais & Helsinger LLP | | • | Phil Buffington - Partner, Adams & Reese LLP |
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