In-Transit Inventory Financing: Key Issues for Shippers and Lenders

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Commercial Law
- event Date
Thursday, March 27, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will review the legal issues that arise for both shippers/borrowers and for secured lenders when undertaking in-transit inventory financing. The panel will discuss key issues to be addressed in the credit agreement between a shipper/borrower and lender and what key provisions should be included in the agreements between a shipper/borrower and its third-party logistic providers, often required by lenders. The panel will also review the relevant shipping documents and the importance of managing the relationships with operational partners.
Faculty

Mr. Cianciotti helps banks, other commercial lenders, and borrowers structure, negotiate and close secured loan transactions. Clients rely on his attentive, client-centered approach to help navigate complex legal issues and find practical solutions to move transactions forward. A member of the Firm's Financial Services Transactions Group, he helps his clients provide or obtain the capital needed to support regional, national, and international businesses to succeed. His experience includes asset-based and cash-flow working capital facilities, equipment and acquisition financing, and venture debt and growth capital financing. He frequently advises clients in structuring credit agreements to allow for the financing of inventory manufactured outside the United States during the period that it is in transit to the United States. He has also helped develop novel, client-specific supply chain finance programs.

Clients call on Mr. Todd from across all points in the supply chain including the manufacturers, retailers, technology companies, carriers, forwarders, and brokers to address issues ranging from regulatory licenses and permits, establishing relationships with contractors or suppliers and customers, international trade compliance, safety training and threat awareness, implementation of practical operational paperwork, claims handling and incident response, government investigations and enforcement, to litigation or arbitration for the disputes that arise. An industry thought leader, Mr. Todd’s articles or quotes by journalists have been published over 130 times and he has presented over 50 times at conferences in the U.S. and Canada.

Ms. Kresge oversees the firm’s commercial finance and creditors’ rights practice. With a focus on commercial finance, she represents businesses and financial institutions — including banks, credit unions, and mortgage servicers — in both transactional work and commercial litigation. Ms. Kresge handles corporate restructuring and creditors’ rights matters, representing secured creditors, trade claimants and other parties-in-interest in Chapter 7 and Chapter 11 bankruptcy and receivership cases in jurisdictions across the US. She routinely counsels commercial lenders and borrowers in connection with secured and unsecured credit facilities, asset-based financing, loan workouts, commercial and residential foreclosures and other lending and business transactions.
Description
In-transit inventory financing can free up capital and restore liquidity that is trapped in goods making their way to the U.S. from international ports. Both borrowers' counsel, as the shippers, as well as lenders' counsel, must understand and be able to help their clients recognize and mitigate the unique challenges and risks of this type of financing.
Getting goods from international ports to the U.S. is complex and involves transportation and logistics agreements with many different parties, any of whom may be in possession of the goods or the related shipping documents at any time. To mitigate these risks, the credit agreement between a lender and its borrower will focus on acquiring and maintaining the lender's first priority position in the goods, enforcement, and dealing with potentially competing interests in the goods. In addition, the lender usually requires the shipper/borrower to obtain agreements from one or more of its logistics providers regarding the parties' respective liens. Counsel for shippers/borrowers must be able to manage both the lender and third-party demands.
Listen as our experienced panel discusses legal pitfalls in financing in-transit inventory and suggests strategies and best practices.
Outline
- Introduction: rise in the need for in-transit financing
- Common legal issues that arise in in-transit financing
- Key provisions of credit agreements
- Key provisions in shipper/borrower's contracts with third parties
Benefits
The panel will review these and other key issues:
- How can shippers/borrowers mitigate risks of in-transit inventory financing?
- What steps should lenders take to properly perfect in in-transit inventory?
- What are best practices for lenders' counsel to protect against third-party claims to in-transit inventory?
Related Courses

New Lawyer's Guide to M&A Due Diligence: Understanding the Lawyer's Role; Mitigating Risks, Avoiding Potential Pitfalls
Wednesday, February 26, 2025
1:00 p.m. ET./10:00 a.m. PT

M&A Disclosure Schedules: Seller and Buyer Perspectives
Tuesday, March 11, 2025
1:00 p.m. ET./10:00 a.m. PT

Drafting Shareholder Agreements for Private Equity M&A Deals
Wednesday, March 12, 2025
1:00 p.m. ET./10:00 a.m. PT

Successor Liability in Distressed M&A Transactions: Mitigation Strategies
Available On-Demand
Recommended Resources
Navigating Modern Legal Challenges: A Comprehensive Guide
- Business & Professional Skills
- Career Advancement
How to Build a Standout Personal Brand Without Sacrificing Billable Hours
- Career Advancement