BarbriSFCourseDetails

Course Details

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

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

  1. Introduction: rise in the need for in-transit financing
  2. Common legal issues that arise in in-transit financing
  3. Key provisions of credit agreements
  4. 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?