COMMERCIAL LENDER FINANCE & FACTERING TRANSACTIONS
We have substantial experience representing lenders in connection with general financing transactions. Likewise, our lawyers have litigated virtually every aspect of the lending transaction, including applications for attachment and claim and delivery, injunctions related to secured transactions, applications in the U.S. Bankruptcy Court for relief from stay and enforcement suits against guarantors and pledgers.
In addition, having an expertise in the apparel industry, we have been on both sides of the factoring arrangement. We are well schooled in the three principal parts to the factoring transaction: a) the advance, a percentage of the invoice face value that is paid to the seller upon submission, b) the reserve, the remainder of the total invoice amount held until the payment by the account debtor is made; and c) the fee, the cost associated with the transaction which is deducted from the reserve prior to it being paid back the seller. In some cases, the factor may charge the seller a service charge, as well as interest based on how long the factor must wait to receive payments from the debtor.