Our banking & finance team – both commercial and litigation – has decades' combined experience advising asset based lenders, invoice financiers and alternative financiers on all aspects of the industry right through from client take on to recovery of any exposure upon client failure.
Our team is here for you not only at take-on or client failure, but throughout the life span of a facility.
There are any number of ways in which you will seek to amend, vary, enforce (or perhaps avoid) terms of your facility documentation and we can assist you to take the maximum benefit of the rights that your documentation affords you. This can be by way of:
We provide advice in relation to your clients’ own contractual documentation or (more often than not) where your clients agree to contract on the terms of their customers.
We can review the terms and conditions to identify any perceived risks or obvious dilutions to the debts you have purchased or are considering purchasing. We will then work with you to either identify alternative clauses to be implemented or solutions which might allow you to consider funding the debts with tighter controls in place or even to assist in explaining to your clients why you have chosen not to approve funding.
As you will know, not all difficult clients need to be placed into administration or have their facilities terminated.
There are ways and means by which you are able to work with them to bring a facility back into formula or continue to fund following an IBR and we are available to assist you in making sure that the process runs smoothly.
This may mean
- the provision of additional security; or
- the assistance in an IBR with an analysis of the underlying contractual documentation or sales ledger; or
- even in making it clear to a delinquent client what rights of enforcement you retain under your documentation and therefore that working with you rather than against you will achieve a far better outcome for all parties.
We will always work with you to find the most cost-effective and pragmatic solution to ensuring that your business continues to prosper.
Ad-hoc guidance and advice
We are also ideally placed to provide general advice to all our clients on the day-to-day operation of your facilities.
This need not only be where there are problematic clients in need of acute risk management
- sometimes a client manager may simply want to refresh their understanding of the effects of a certain provision of the agreement; or
- a recoveries manager may seek advice on whether it would be the right commercial decision to re-assign a problematic debt to a client, who is keen to litigate.
Whatever the issue, we have a wealth of experience and will most likely be able to provide a solution where one is required.
A member of the team will always be available on email or at the end of the telephone to answer our clients’ queries, however small or insignificant the client contact may perceive them to be.
We have both the technical expertise and practical understanding of the day-to-day situations you come across and are always willing to provide our assistance where required.
Acting in a $20m trade finance and invoice finance fraud involving a worldwide freezing injunction and claims against defendants based in England and abroad
Our client, a trade and invoice finance company which was part of a wider group of companies, had discovered a $20m hole in its...
SMEs, directors & shareholders
Having a company placed into administration and appointing insolvency practitioners to maximise the return of revenues owed to a creditor
Our client was a creditor of a company that carried out the business of a Collection Account Management Agent ("CAMA") in the film industry....