Supply Chain Financing in the Wake of Rising Tariffs: Structuring Issues, Key Documents, Pros and Cons, Recent Trends

Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Banking and Finance
- event Date
Tuesday, June 17, 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 guide finance counsel on the impact of recently imposed or proposed tariffs on supply chain financing (SCF) and provide guidance for structuring and documenting an SCF facility. The panel will discuss their insights, including the pros and cons of this alternative payment structure, as well as critical issues for buyers, suppliers, and investors.
Faculty

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.

As a leading structured finance attorney, Mr. Kruger has extensive experience advising clients in the U.S., Asia, Europe and the Middle East. His experience includes representing private equity clients in the acquisition of corporate entities and assets and the structuring of joint ventures, representing clients in the structuring of trade and supply-chain finance programs, and representing arranger and borrower/issuer clients in the structured financing and securitization of a wide variety of assets. Mr. Kruger was at the forefront of the development of the securitization market in Asia in the early 1990s and since then has led hundreds of structured finance transactions in Asia, the U.S., Europe and elsewhere. He brings his extensive experience to his private equity, financial institution and corporate clients as they structure and execute their most complex and challenging financings and acquisitions. Mr. Kruger has represented clients on a broad range of financing transactions, including project financings, acquisition financings, syndicated and bilateral loans and other capital raisings. He has structured trade and supply-chain platforms as well as balance-sheet and liquidity-optimization programs and has executed transactions under all these programs.

Mr. Berg's practice focuses on corporate and financing transactions in a wide variety of industries, including financial services, consumer finance, specialty finance, fintech, apparel, government contractors/government services and transportation logistics. His practice also focuses on mergers, acquisitions, divestitures, venture capital, private equity investments (control and non-control), joint ventures and other corporate transactions. Mr. Berg has significant experience in secured and unsecured commercial finance, representing funds, banks, business development companies and other companies as lenders and borrowers in asset-based financing, first and second lien debt transactions, and acquisition and other leveraged financings. He also has considerable experience in domestic and cross-border transactions, and in distressed and special situation investments.
Description
The Trump administration's tariff agenda and market volatility have forced businesses to develop strategies to create working capital and handle the additional tariff-related costs. SCF is a viable option that provides buyers, suppliers, and investors with the flexibility to adapt to the changing tariff landscapes.
In seeking new ways of managing their balance sheets, companies with stable credit have found the extension of payment schedules on accounts payable can improve their cash flow and working capital. An SCF transaction facilitates timely payment by a third party to a company's supplier while extending the time the company has to make payment. The investor earns income because it pays the supplier's invoice at a discount and then collects 100% from the company at maturity.
There are structural issues associated with SCF, which counsel must address upfront. These include whether the supplier's participation will be limited by competing credit agreements, how changes in interest rates or the company's credit rating might impact the transaction, how to treat the facility for accounting purposes, and whether the deal will be regarded as "true sale" for bankruptcy purposes.
Listen as our authoritative panel discusses the structural issues and key documents required in SCF. The panel will also discuss the pros and cons of these transactions for buyers and suppliers, how SCF differs from factoring, the advantages of using SCF in cross-border transactions, and recent trends in SCF products.
Outline
I. Overview: current market conditions and the impact of tariffs
II. Pros and cons of supply chain financing for suppliers, buyers, and investors
III. Structuring issues: competing loan obligations, interest rate fluctuations, accounting and bankruptcy treatment
IV. Transaction documentation
V. SCF in cross-border sales transactions
VI. Current trends and financing structures
Benefits
The panel will review these and other key considerations:
- When does SCF benefit both the buyer and its supplier?
- How does SCF vary from factoring and other invoice and receivables finance transactions?
- What are some of the key structuring concerns of SCF?
- How can SCF be used to facilitate cross-border transactions?
- What are some emerging trends and structures in the SCF space?
- How can SCF provide the flexibility that businesses need to address tariff uncertainties and market volatility?
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