Asset-Based and Cash-Flow Lending

What does asset-based and cash-flow lending entail?  

Asset-based lending (ABL) and cash-flow lending are two distinct financing methods that cater to borrowers with different financial profiles. ABL is a credit facility secured by the borrower’s assets, such as real estate, equipment, or inventory. In contrast, cash-flow lending is based on a borrower’s future cash flow projections, focusing on the strength of their business operations and financial performance. 

In the context of borrower representation in Florida, asset-based lending can benefit businesses with significant tangible assets but limited cash flow. For instance, a manufacturing company with valuable machinery and equipment may secure an ABL loan to finance its expansion. On the other hand, a growing software company with high cash flow but minimal physical assets might be better suited for cash-flow lending. 

Cash-flow lending is more applicable for businesses with a proven record of consistent revenues and profitability. For example, a medical practice with strong cash flow from patient billings may obtain financing through cash-flow lending to open a new location. 

Need help with a matter related to asset-based and cash-flow lending? Schedule your consultation today with a top borrower representation attorney.  

In Florida, which laws and regulations apply to asset-based and cash-flow lending?  

Florida businesses seeking asset-based and cash-flow lending must adhere to state and federal regulations. The Florida Uniform Commercial Code (UCC) governs secured transactions at the state level, including ABL. Article 9 of the Florida UCC provides rules for creating and perfecting security interests in various types of collateral. 

Chapter 687 of the Florida Statutes, which contains Florida’s usury laws, also regulates the maximum interest rates lenders can charge on loans, which may impact ABL and cash-flow lending arrangements. For instance, the general usury cap in Florida is 18% per annum for loans under $500,000 and 25% for loans above that amount.  

At the federal level, the Equal Credit Opportunity Act (ECOA) and the Truth in Lending Act (TILA) regulate various asset-based and cash-flow lending aspects. For example, ECOA prohibits discrimination in lending, while TILA mandates clear and accurate disclosure of credit terms. 

What are the strategic benefits of asset-based and cash-flow lending in borrower representation?  

Asset-based and cash-flow lending in borrower representation matters to offer the following strategic benefits: 

• Tailored Financing Solutions: Depending on their business’s financial profile, borrowers can choose between ABL and cash-flow lending. ABL is ideal for companies with significant tangible assets but limited cash flow, while cash-flow lending suits businesses with strong cash flow but fewer physical assets. 

• Enhanced Access to Capital: By leveraging their assets or cash flow, Florida businesses can secure financing even if they have a limited credit history or lack access to traditional bank loans, as long as they comply with Florida’s UCC and usury laws.  
• Flexibility in Repayment Terms: Asset-based and cash-flow lending arrangements offer more flexible repayment terms than traditional loans, allowing borrowers to better align their debt obligations with their business’s cash flow cycles. 
• Expedited Loan Approval: Asset-based and cash-flow lending may offer faster approval than traditional bank loans. These alternative lending methods typically require fewer financial documents and involve less stringent underwriting processes. 
• Competitive Edge: Businesses that secure funding through asset-based or cash-flow lending can reinvest in their operations, pursue growth opportunities, and gain a competitive advantage in the Florida market, as long as they adhere to relevant state and federal laws and regulations. 

What steps should borrower’s counsel take to successfully asset-based and cash-flow lending, and how will lenders generally respond?  

The borrower’s counsel should consider the following: 

• Assess the Client’s Financial Profile: Determine whether the client’s business is better suited for asset-based lending (ABL) or cash-flow lending based on its assets, cash flow, and financial history. 
• Evaluate Lender Options: Research and identify potential lenders with expertise in ABL or cash-flow lending, considering their reputation, underwriting criteria, and loan terms. 
• Prepare Loan Application: Compile the necessary financial documentation and draft a well-organized loan application demonstrating the borrower’s ability to repay the loan and meet the lender’s requirements. 
• Negotiate Loan Terms: Engage with the lender to negotiate favorable loan terms, including interest rates, repayment schedules, and collateral requirements, while protecting the borrower’s interests. 

Lenders generally respond to borrower’s counsel by: 

• Conducting Due Diligence: Lenders will review the borrower’s financial documents, credit history, and collateral to assess their creditworthiness and determine the appropriate loan terms. 
• Requesting Additional Information: Lenders may request further documentation or clarification to understand the borrower’s financial position better and mitigate potential risks. 
• Proposing Loan Terms: Lenders will present loan terms based on their underwriting criteria and risk assessment. The borrower’s counsel should carefully review these terms to ensure they align with the client’s needs and capacity. 

When a set of facts is appropriate to meet the requirements of asset-based and cash-flow lending, there are many paths a claimant may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path to seek appropriate remedies.  

To determine whether your unique situation may necessitate litigation, please contact our office to set up your initial consultation. 

Frequently Asked Questions 

1. How can a borrower determine whether asset-based or cash-flow lending is the best option for their business? 

Borrowers should consult an experienced borrower’s representative to evaluate their financial profile and identify the most suitable lending option. The business’s assets, cash flow, credit history, and growth potential are relevant factors in this determination.  

  2. Can a borrower refinance an asset-based loan or cash-flow loan? 

Yes, borrowers may refinance their loans to secure more favorable terms or consolidate debt. However, refinancing may depend on the borrower’s financial performance, market conditions, and lender requirements. 

  3. How can the borrower’s counsel help if the borrower faces difficulties repaying the loan? 

The borrower’s counsel can advise on strategies to address repayment challenges, such as negotiating loan modifications or forbearance agreements with the lender. They can also help identify potential sources of additional financing or assist in restructuring the borrower’s debt obligations to improve cash flow and financial stability. 

Have more questions about an asset-based and cash-flow lending-related situation?  

Crucially, this overview of asset-based and cash-flow lending does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances. 

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively. 

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain tireless advocates at every step. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant. 

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to schedule a consultation.