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  • videocam On-Demand
  • card_travel Commercial Law
  • schedule 90 minutes

Drafting Receivables Purchase Documents: Avoiding Contracting Pitfalls for Sellers and Purchasers

Key Provisions, UCC Requirements, Bankruptcy Principles

$297.00

This course is $0 with these passes:

CLE
ALL
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Description

This program will explain and discuss the UCC underpinnings of the RPA market, including such issues as: the definition of "account" and how it has been expanded; the UCC provisions invalidating restrictions imposed by account debtors on transfer of accounts; rules on perfection and priority; and certain state law variations. We will also address the concept of "true sale" and what that means to both purchasers and sellers. We will also analyze how cross-border transactions intersect with this legal background.

We will also consider such concerns as due diligence, inspection of underlying documents, and the risk of fraud. The panel will discuss document provisions often used in this market, alternatives, and tips on negotiation.

Listen as our panel of experienced practitioners guides listeners on how to prepare, negotiate, and close transactions in this dynamic market segment. Our speakers will help parties better understand the complex legal questions that often arise in these transactions.

Presented By

Peter Smedresman
Partner
Unknown Last Name S
Jeffrey Wurst
Partner
Ruskin Moscou Faltischek
Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Wednesday, December 18, 2019

  • schedule

    1:00 PM E.T.

  1. Committed and uncommitted programs
  2. Single purchaser and multiple purchasers
  3. Who is the "seller"?
  4. Recourse and non-recourse
  5. True sale
  6. Dominion
  7. Factoring and merchant cash advance
  8. Maturity, collection, and other types of factoring arrangements
  9. Electronic platforms
  10. Types of receivables--market observations
  11. Concept of "eligibility"
  12. UCC searches, filing, and priority
  13. Governmental obligors
  14. Bankruptcy implications
  15. Debtor-in-possession issues
  16. Disputes

The panel will review these and other noteworthy issues:

  • What are the principal features of documents utilized in this market?
  • What are the issues for banking organizations as purchasers?
  • What are the licensing requirements for non-bank purchasers?
  • Which provisions of major agreements are standard, and which are often negotiated?
  • Which documents are usually required at closing, including legal opinions?
  • What issues are commonly recurring "sticking points"?