Watch Out for Icebergs…Some Things to Know About Lending on In-Transit Inventory!

While 2022 saw extremes of supply chain disruption for the movement of goods around the globe, elements of that disruption continue to plague businesses.  And in any event asset-based borrowers are keen to expand their borrowing base to include “goods on the water”, particularly in light of such challenges.  Confronted with these demands, asset-based lenders have generally shown a willingness to include in-transit inventory in the borrowing base, so that the issue has become not so much “whether” to do so, but “how” to do so—given the obvious and not-so-obvious risks to the lender in relying on such inventory. 

Panelists will talk about facing these risks and how the documentation might address them—both from a legal and a practical perspective, including eligibility criteria, reserves, the significance of “Incoterms” and the different documents of title (and why the lender cares!), the rights of the unpaid supplier, and common pitfalls.

REGISTRATION:

Event is FREE for SFNet NY Chapter Members - Sponsored by Otterbourg P.C. 

SFNet NY Chapter membership must be current in order to register.

2023 New York Chapter Membership Dues:

• YoPro Free
• SFNet National Member & Foundation Contributors $50
• Non-SFNet National Members $75

Pay 2023 membership dues here.

SPEAKER:
David W. Morse, Partner, Otterbourg P.C.
Michael Wenger, Of Counsel, Otterbourg P.C.

For questions or additional information, please contact Paul H. Shur, Becker & Poliakoff, SFNet NY Education Chair at pshur@beckerlawyers.com or 212-440-8102.